Judgment of the General Court (Third Chamber) of 31 May 2018 –
Consorzio di garanzia dell’olio extra vergine di oliva di qualità v Commission
(Case T‑163/17)
(Non-contractual liability — Simultaneous promotion campaigns in third countries for olive oil, one financed by the EAGF and intended to promote olive oil of European origin, and the other financed by the ERDF and intended to promote olive oil of Spanish origin — Lack of coordination between the Commission’s staff responsible for managing the two programmes — Material harm — Market loss and loss of revenue — Non-material damage — Damage to commercial reputation)
1. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety
(Art. 340 TFEU)
(see paras 32-34, 81)
2. Non-contractual liability — Conditions — Legislative measure involving choices of economic policy — Sufficiently serious breach of a higher rule of law conferring rights on individuals — Requirement of a clear and serious breach of the limits of the wide discretion of the EU legislature
(Art. 340 TFEU)
(see para 37)
3. Agriculture — Common agricultural policy — Financing by EAGF and ERDF — Simultaneous promotion campaigns in third countries for olive oil, one financed by the EAGF and intended to promote olive oil of European origin, and the other financed by the ERDF and intended to promote olive oil of Spanish origin — Lack of coordination between the Commission’s staff responsible for managing the two programmes — Infringement of the principle of non-discrimination — None
(Art. 18 TFEU; Charter of Fundamental Rights of the European Union, Art. 21; Council Regulation No 3/2008)
(see paras 42-47, 52, 57)
4. Agriculture — Common agricultural policy — Financing by EAGF and ERDF — Simultaneous promotion campaigns in third countries for olive oil, one financed by the EAGF and intended to promote olive oil of European origin, and the other financed by the ERDF and intended to promote olive oil of Spanish origin — Lack of coordination between the Commission’s staff responsible for managing the two programme — Infringement of the principle of sound administration — None
(Charter of Fundamental Rights of the European Union, Art 41)
(see paras 76, 77, 79)
Re:
| Application under Article 268 TFEU for compensation for the damage which the applicant claims to have suffered as a result, in essence, of (i) a lack of coordination between the Commission’s staff responsible for managing promotion campaigns for European and Spanish olive oils in third countries (India, Russia and China), co-financed by European funds, and (ii) a failure to eliminate the distortions of competition and adverse effects resulting therefrom. |
Operative part
The Court:
2. | | Orders Consorzio di garanzia dell’olio extra vergine di oliva di qualità to bear its own costs; |
3. | | Orders the European Commission to bear its own costs. |
2. | | Orders Consorzio di garanzia dell’olio extra vergine di oliva di qualità to bear its own costs; |
3. | | Orders the European Commission to bear its own costs. |
3. | | Orders the European Commission to bear its own costs. |