Judgment of the General Court of 18 December 2009 - Arizmendi and Others v Council and Commission
(Joined Cases T-440/03, T-121/04, T-171/04, T-208/04, T-365/04 and T-484/04 1) (Non-contractual liability - Customs Union - Action for failure of a Member State to fulfil obligations - Reasoned Opinion - Abolition in French legislation of the monopoly of the profession of ship brokers - Sufficiently serious breach - Causal link)
Language of the case: French
Parties
Applicants: Jean Arizmendi (Bayonne, France) and the 60 other applicants whose names appear in the annex to the judgment (represented in Case T-440/03 by: J.-F. Péricaud, P. Péricaud and M. Tournois and, in Cases T-121/04, T-171/04, T-208/04, T-365/04 and T-484/04, by J.-F. Péricaud and M. Tournois, lawyers)
Defendants: Council of the European Union (represented initially by J.-P. Jacqué and M. Giorgi Fort, then by F. Florindo Gijón and M. Balta, Agents); and the European Commission (represented by: X. Lewis and, in Case T-121/04, by X. Lewis and B. Stromsky, Agents)
Intervener in support of the applicants in Case T-440/03: Chambre nationale des courtiers maritimes de France (National Chamber of French ship brokers), Paris, France (represented by: J.-F. Péricaud, lawyer)
Re:
Action for damages, brought under Article 235 EC and Article 288 EC, second paragraph, seeking compensation from the Community for the damage caused by the abolition of the monopoly of the French profession of ship brokers.
Operative part of the judgment
The Court:
Dismisses the actions;
Orders Mr Jean Arizmendi and the 60 other applicants whose names appear in the annex to bear their own costs and those of the Council of the European Union and the European Commission;
Orders the Chambre nationale des courtiers maritimes de France to bear its own costs;
Orders the Council and the Commission to bear their own costs incurred by the intervention of the Chambre nationale des courtiers maritimes de France.
____________1 - OJ C 59, 6.3.2004.