Case C-460/09 P

Inalca SpA — Industria Alimentari Carni and Cremonini SpA

v

European Commission

‛Appeal — Non-contractual liability of the European Union — Finding of irregularities in the refunds for beef and veal exported to Jordan — OLAF investigation — Communication of OLAF’s findings to the national authorities — Provision of guarantees — Claim for the reimbursement of the related costs — Causal link — Cross-appeal — Limitation period — Point from which time starts to run’

Summary — Judgment of the Court (First Chamber), 28 February 2013

1. Actions for damages — Limitation period — Point from which time starts to run — Liability as a result of an individual measure — Date of the occurrence of the adverse effects as regards the person concerned — Taking into consideration the date of the act occasioning loss — Not permissible

   (Art. 340, second para. TFEU; Statute of the Court of Justice, Art. 46)

2. Actions for damages — Limitation period — Point from which time starts to run — Liability as a result of an individual measure — Taking into consideration the subjective assessment of the fact of the damage — Taking into consideration of the acceptance by the institution that its conduct was unlawful — Not permissible

   (Art. 340, second para. TFEU; Statute of the Court of Justice, Art. 46)

3. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted

   (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.)

4. Actions for damages — Application — Lack of precision as regards the extent of the damage — Admissibility — Conditions — Allegation by the applicant of facts justifying that omission

   (Art. 340, second para. TFEU)

5. Non-contractual liability — Conditions — Absence of any causal link — Dismissal of the action in its entirety

   (Art. 340, second para. TFEU)

6. Judicial proceedings — Length of the proceedings before the General Court — Reasonable time — Non-compliance — Consequences — Duration not having affected the outcome of the dispute — Annulment of the General Court’s decision — Not included

1.  See the text of the decision.

   (see paras 52, 55, 60)

2.  See the text of the decision.

   (see paras 70, 71)

3.  See the text of the decision.

   (see para. 90)

4.  See the text of the decision.

   (see para. 104)

5.  See the text of the decision.

   (see paras 120, 121)

6.  See the text of the decision.

   (see paras 128-130)