Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – Camar v Commission

(Joined Cases T-457/04 and T-223/05)

Common organisation of the markets – Bananas – Transitional measures – Article 30 of Council Regulation (EEC) No 404/93 – Judgment finding that the Commission had failed to act – Failure to give effect to a judgment of the Court – Action for annulment – Application for an order that effect be given to the judgment by way of financial equivalent – Compensation for non-material damage – Unlawful failure to act on the part of the Commission – Action for damages – Suspension of the limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility

1.                     Actions for annulment – Judgment annulling a measure – Effects – Obligation to implement (Arts 230 EC, 232 EC, 233 EC and 288, para. 2, EC) (see paras 39-41, 49-50)

2.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Failure to fulfil the obligation to implement an annulling judgment (Art. 288, para. 2, EC) (see paras 57-58, 60-62)

3.                     Actions for damages – Time-limit for instituting proceedings – Limitation period of five years (Art. 288, para. 2, EC; Statute of the Court of Justice, Art. 46) (see paras 75, 77, 79-80)

Re:

Operative part

The Court: