This document is an excerpt from the EUR-Lex website
Document 62007TA0238
Case T-238/07: Judgment of the Court of First Instance of 9 July 2009 — Ristic and Others v Commission (Animal Health — Protective measures — Decision 2007/362/EC — Action for annulment — No need to adjudicate — Action for damages — Principle of proportionality — Principle of protection of legitimate expectations — Duty of care — Right to property and right to carry on economic activity)
Case T-238/07: Judgment of the Court of First Instance of 9 July 2009 — Ristic and Others v Commission (Animal Health — Protective measures — Decision 2007/362/EC — Action for annulment — No need to adjudicate — Action for damages — Principle of proportionality — Principle of protection of legitimate expectations — Duty of care — Right to property and right to carry on economic activity)
Case T-238/07: Judgment of the Court of First Instance of 9 July 2009 — Ristic and Others v Commission (Animal Health — Protective measures — Decision 2007/362/EC — Action for annulment — No need to adjudicate — Action for damages — Principle of proportionality — Principle of protection of legitimate expectations — Duty of care — Right to property and right to carry on economic activity)
IO C 205, 29.8.2009, p. 33–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.8.2009 |
EN |
Official Journal of the European Union |
C 205/33 |
Judgment of the Court of First Instance of 9 July 2009 — Ristic and Others v Commission
(Case T-238/07) (1)
(Animal Health - Protective measures - Decision 2007/362/EC - Action for annulment - No need to adjudicate - Action for damages - Principle of proportionality - Principle of protection of legitimate expectations - Duty of care - Right to property and right to carry on economic activity)
2009/C 205/60
Language of the case: German
Parties
Applicants: Ristic AG (Burgthann, Germany); Piratic Meeresfrüchte Import GmbH (Burgthann, Germany); Prime Catch Seafood GmbH (Burgthann, Germany); and Rainbow Export Processing, SA (represented by: H. Schmidt, lawyer)
Defendant: Commission of the European Communities (represented by: F. Erlbacher and A. Szmytkowska, Agents)
Re:
First, application for annulment of Commission Decision 2007/362/EC of 16 May 2007 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ 2007 L 138, p. 18), and, second, application for damages.
Operative part of the judgment
The Court:
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1. |
Declares that there is no need to adjudicate on the application for annulment; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders Ristic AG, Piratic Meeresfrüchte Import GmbH, Prime Catch Seafood GmbH and Rainbow Export Processing, SA to pay the costs, including those of the interlocutory proceedings. |