Judgment of the Court of First Instance (Fourth Chamber) of 11 July 2007 – Fédération des industries condimentaires de France and Others v Commission

(Case T-90/03)

Non-contractual liability – Incompatibility of the Community prohibition on the importation of meat containing substances having a hormonal action with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of a surcharge on the import of products from the Community pursuant to WTO authorisation – Termination by the Commission of proceedings to investigate trade barriers – Application for compensation of groups of Community exporters adversely affected by the surcharge

Non-contractual liability – Conditions – Sufficiently serious breach of Community law (Art. 288, second para., EC) (see paras 37, 47-53, 61-63, 135-137)

Re:

APPLICATION for compensation for the damage allegedly caused by the Commission’s purportedly unlawful action in the face of retaliatory trade measures taken by the United States of America in the so-called case on ‘beef having a hormonal action’.

Operative part

The Court:

Dismisses the application;

Orders the applicants jointly and severally to bear their own costs and to pay those incurred by the Commission;

Orders the Kingdom of Spain to bear its own costs.