Judgment of the Court of First Instance (Grand Chamber) of 14 December 2005 − Fedon & Figli and Others v Council and Commission

(Case T-135/01)

Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – Decision of the WTO Dispute Settlement Body – Legal effects – Community liability in the absence of unlawful conduct on the part of its institutions – Causal link – Unusual and special damage

1.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law conferring rights on individuals – No discretion for the institution – Mere infringement of Community law sufficient (Art. 288, second para., EC) (see paras 78-82)

2.                     Actions for damages – World Trade Organisation – Not possible to rely on the WTO Agreements in order to contest the lawfulness of a Community act – Exceptions – Community measure intended to implement a WTO Agreement or expressly and specifically referring thereto – Community regime governing the import of bananas – Incompatibility with the WTO rules established by the Dispute Settlement Body of the WTO – Judicial review of the lawfulness of that regime under the WTO rules – Excluded (Art. 288, second para., EC; Council Regulations Nos 404/93 and 1637/98; Commission Regulation No 2362/98) (see paras 103, 106-108)

3.                     Non-contractual liability – Conditions – No unlawful conduct on the part of the Community institutions – Real damage, causal link and unusual and special damage – Cumulative requirements (Art. 288, second para., EC) (see para. 153)

4.                     Non-contractual liability – Conditions – Retention of a Community banana import regime incompatible with the WTO Agreements – Damage arising from the adoption of a retaliatory measure by the United States authorities – Causal link (Art. 288, second para., EC) (see paras 171-172, 177-179, 183)

5.                     Non-contractual liability – Conditions – No unlawful conduct on the part of the Community institutions – Damage arising from the incompatibility of the Community regime governing the import of bananas with the WTO Agreements – Unusual damage – None – Liability of the Community – Excluded (Art. 288, second para., EC) (see paras 191-192, 194, 199, 201)

Re:

Operative part

The Court: