Order of the General Court (Fourth Chamber) of 16 December 2009 – Cattin v Commission

(Case T-194/08)

Non-contractual liability – EDF – List of exporters eligible to receive payment of debts owed to them by the Central African Republic – Not included on the list – Limitation period – Inadmissibility

1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Action for compensation for damage caused by a Community institution – Failure to comply with requirements – Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 55-58)

2.                     Actions for damages – Limitation period – Point from which time starts to run – Account taken of a subjective assessment of the reality of the damage – Not permissible (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 69-71, 82)

Re:

ACTION for damages seeking compensation for the loss allegedly suffered by the applicants following a Commission decision not to include them on the list of exporters eligible to receive payment, via funds of the European Development Fund (EDF), in respect of the debts owed to them by a State body of the Central African Republic.

Operative part

1.

The action is dismissed as manifestly inadmissible.

2.

R. Cattin & Cie and Yves Cattin are ordered to bear their own costs and pay those incurred by the European Commission.