Judgment of the General Court (Sixth Chamber) of 16 May 2013 — Gap granen & producten v Commission
(Case T‑437/10)
Non-contractual liability — Import of high-quality durum wheat — Import duties — Regulation (EC) No 919/2009 — Regulation (EC) No 1249/96 — Sufficiently serious breach of a rule of law conferring rights on individuals — Material loss — Causal link
1. Non-contractual liability — Conditions — Cumulative nature — Unlawfulness — Damage — Causal link — Concept — Burden of proof (Art. 340, second para., TFEU) (see paras 15, 16, 74, 76, 80, 81)
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 — Necessary taking into consideration when examining liability — Determination of import duties on high-quality durum wheat (Art. 340, second para., TFEU; Commission Regulations No 1249/96, Art. 4 and No 919/2009) (see paras 19, 22-24, 28-35, 40, 41, 44, 52, 56, 62, 66, 70, 71)
3. Non-contractual liability — Damage — Damage for which compensation is available — Costs incurred for the proceedings — Exclusion (Art. 340, second para., TFEU) (see para. 86)
Re:
| ACTION for compensation under Article 340 TFEU for compensation in respect of the harm allegedly suffered by the applicant as a result of the fixing of import duties on high-quality durum wheat by Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009 (OJ 2009 L 259, p. 5). |
Operative part
The Court:
1. | | Orders the European Commission to compensate Gap SA granen & producten NV for the loss suffered by it as a result of the application of Commission Regulation (EC) No 919/2009 of 1 October 2009 amending Regulation (EC) No 915/2009 fixing the import duties in the cereals sector applicable from 1 October 2009, in so far as that regulation did not take account of the fob quotation or use a calculation method which was representative of actual freight costs for the fixing of import duties for high-quality durum wheat; |
2. | | Orders Gap granen & producten and the Commission to provide the General Court with the amounts to be paid, established by common agreement, within six months of the date of judgment; |
3. | | Orders, if the parties fail to reach an agreement, Gap granen & producten and the Commission to provide the General Court with their forms of order sought, including figures, within the same period; |