Order of the Court of First Instance (First Chamber) of 10 April 2008 – 2K‑Teint and Others v Commission and EIB

(Case T-336/06)

Non-contractual liability – Financing contract concluded with Morocco – EIB’s alleged negligence and failures in monitoring a loan financed by the Community budget – Limitation – Inadmissibility

1.                     Actions for damages – Limitation period – Point from which time starts to run (Art. 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53, first para.) (see paras 71, 97, 118)

2.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Application for compensation for damage allegedly caused by a Community institution – Minimum requirements (Art. 288 EC; Statute of the Court of Justice, Arts 19 and 46, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 72-73, 81, 86, 117)

3.                     Actions for damages – Limitation period – Interruption – Conditions (Arts 230 EC, 232 EC and 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 95, 104-105, 108)

4.                     Actions for damages – Limitation period – Point from which time starts to run – Date to be taken into consideration where knowledge of the fact causing the damage was obtained belatedly (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 96-102)

5.                     Actions for damages – Limitation period – Point from which time starts to run – Damage of a continuing nature – Date to be taken into consideration (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 106-107, 113-114)

6.                     Actions for damages – Reimbursement of costs incurred at national level – Sole jurisdiction of national court applying national law – Inadmissibility (Art. 288, second para., EC) (see para. 121)

Re:

ACTION for compensation for the loss allegedly suffered by the applicants by reason of the EIB’s negligence and failures in monitoring the use of funds intended for the completion of the project of 2K-Teint, in performance of the financing contract concluded between the EIB, as agent of the Community, and the Kingdom of Morocco.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders 2K-Teint SARL, Mohammed Kermoudi, Khalid Kermoudi, Laila Kermoudi, Mounia Kermoudi, Salma Kermoudi and Rabia Kermoudi to pay, in addition to their own costs, the costs incurred by the Commission and the European Investment Bank (EIB).