Order of the Court of First Instance (Sixth Chamber) of 4 September 2009 – Inalca and Cremonini v Commission

(Case T-174/06)

Non‑contractual liability – OLAF investigations concerning irregularities in export refunds on beef and veal exported to Jordan – Communication to the national authorities of information on the facts capable of giving rise to criminal proceedings – National decision to recover the refunds – Provision of Guarantees – Action for damages – Limitation period – Continuing nature of the harm – Partial inadmissibility – Causation

1.                     Actions for damages – Limitation period – Point from which time starts to run (Arts 230 EC, 232, second para., EC and 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53) (see paras 46-47, 55-57, 60-61)

2.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 68-69)

3.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 84-90)

Re:

ACTION for non-contractual damages seeking compensation for loss allegedly suffered by the applicants as a result of the communication to the Italian authorities of the findings of an investigation conducted by the European Anti‑Fraud Office (OLAF), implicating the applicants, to ascertain whether certain refunds for beef and veal exported to Jordan were lawful.

Operative part

1. The action is dismissed.

2. Inalca SpA – Industria Alimentaria Carni and Cremonini SpA are ordered to pay the costs.