Judgment of the Court of First Instance of 15 October 2008 - Camar v Commission

(Joined Cases T-457/04 and T-223/05) ¹

(Common organisation of the markets - Bananas - Transitional measures - Article 30 of Council Regulation (EEC) No 404/93 - Judgment finding that the Commission had failed to act - Failure to give effect to a judgment of the Court - Action for annulment - Application for an order that effect be given to the judgment by way of financial equivalent - Compensation for non-material damage - Unlawful failure to act on the part of the Commission - Action for damages - Suspension of the limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility )

Language of the case: Italian

Parties

Applicant: Camar Srl (Florence, Italy) (represented by: W. Viscardini, S. Donà and M. Paolin, lawyers)

Defendant: Commission of the European Communities (represented initially by: L. Visaggio, later by F. Clotuche-Duvieusart, agents, assisted by A. Dal Ferro, lawyer)

Re:

In Case T-457/04, application, first, for annulment of the Commission's decision not to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T-79/96, T-260/97 and T-117/98 [2000] ECR II-2193), contained in the letter of 10 September 2004, secondly, for an order that the Commission give effect to paragraph 1 of the operative part of the abovementioned judgment in Camar and Tico v Commission and Council by the financial equivalent of the value of the certificates that it has not issued and, thirdly, for an order that the Commission pay compensation for non-material loss, and in Case T-223/05, application for an order that the Commission pay compensation, on the basis of the non-contractual liability of the European Community, for the loss which the applicant has suffered.

Operative part of the judgment

The Court:

annuls the decision of the Commission contained in the letter of 10 September 2004 from the Director General of the Directorate General 'Agriculture' refusing to give effect to paragraph 1of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T-79/96, T-260/97 and T-117/98 [2000] ECR II-2193) ;

for the rest, dismisses the action in Case T-457/04 as unfounded;

dismisses the action in T-223/05 as inadmissible;

in Case T-457/04, orders Camar Srl and the Commission each to bear half of their own costs and to pay half of the costs of the other party;

in Case T-223/05, orders Camar Srl to bear its own costs and to pay the Commission's costs.

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¹ - OJ C 31, 5.2.2005.