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6.5.2006 |
EN |
Official Journal of the European Union |
C 108/7 |
Appeal brought on 1 March 2006 by Giorgio Fedon & Figli SpA and Fedon America Inc. against the judgment delivered on 14 December 2005 in Case T-135/01 Girogio Fedon & Figli SpA, Fedon America Inc. v Commission of the European Communities and Council of the European Union
(Case C-121/06 P)
(2006/C 108/11)
Language of the case: Italian
Parties
Appellants:Girogio Fedon & Figli SpA, Fedon America In. (represented by: I. Van Bael, A. Cevese, F. Di Gianni and R. Antonini, Avvocati)
Other parties to the proceedings: Commission of the European Communities and Council of the European Union
Form of order sought
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set aside the judgment of the Court of First Instance of 14 December 2005; |
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on the basis that the state of the proceedings so permits, give a substantive ruling confirming the appellants' entitlement to compensation arising out of the defendants' liability for an unlawful act or for a lawful act; |
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in any event, order the defendants to pay the costs both of these proceedings and those before the Court of First Instance; |
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in the alternative, grant the appellants fair compensation as a result of the unreasonable length of the procedure before the Court of First Instance; |
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grant such further and other relief as equity might require. |
Pleas in law and main arguments
The appellants submit that the judgment under appeal is defective in that it fails totally to state any grounds concerning one of the principal arguments raised, namely, that in the specific factual circumstances of the case, the appellants are entitled to rely on the decision adopted by the Appeal Board of the World Trade Organisation to establish unlawful conduct on the part of the Community for the purposes of their claim for compensation.