Order of the General Court (Second Chamber) of 21 July 2011 – Fuchshuber Agrarhandel v Commission

(Case T-451/10)

Action for damages – Common agricultural policy – Standing invitations to tender for the purchase of cereals on the Community market – Commission’s supervisory power – Sufficiently serious breach of a rule of law conferring rights on individuals – Action obviously lacking any basis in law

1.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (Art. 288, second para., EC) (see paras 13, 15)

2.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Discretion of the institution when adopting the measure – Need to be taken into consideration when examining liability (Art. 288, second para., EC) (see paras 14, 26)

3.                     Agriculture – Common agricultural policy – Financing by the EAGF and the EAFRD – Grant of aids and premiums – Obligation on Member States to organise an efficient system of administrative controls and spot checks – Scope – Unreliable controls – Refusal to assume responsibility (Art. 10 EC; Council Regulation No 1290/2005, Art. 9(1)) (see para. 19)

Re:

ACTION seeking compensation for the loss allegedly suffered by the applicant because of the lack of supervision, by the Commission, of the conditions for implementing standing invitations to tender for the purchase of cereals on the Community market, in this case maize held by the Hungarian intervention agency.

Operative part

1. The action is dismissed as obviously lacking any basis in law.

2. Fuchshuber Agrarhandel GmbH is ordered to bear its own costs and pay those of the European Commission.