Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Pigasos Alieftiki Naftiki Etaireia v Council and Commission

(Case T-162/07)

Non‑contractual liability – Customs union – Proof of the Community nature of products of sea-fishing – Submission of certain documents as proof not possible – Sufficiently serious breach of a rule of law conferring rights on individuals – Liability of the Community in the absence of unlawful conduct by its bodies

1.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law intended to confer rights on individuals (Art. 288, second para., EC) (see paras 45-47)

2.                     Non-contractual liability – Article 288, second para., EC – Scope (Art. 288, second para., EC) (see paras 74-77)

Re:

ACTION for damages to compensate for the damage alleged to have been suffered by the applicant as a result of the fact that the Council and the Commission did not adopt provisions enabling the customs authorities of a Member State to accept as proof of the Community nature of products of sea-fishing documents other than the T2M form provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

Operative part

The Court:

1. Dismisses the action;

2. Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.