ORDER OF THE COURT OF FIRST INSTANCE (Fourth Chamber)
29 November 2007(*)
(Action for damages – Manifest lack of jurisdiction)
In Case T-249/07,
İŞÇİ Partisi (Turkish Labor Party), established in Ankara (Turkey), represented by R. Sinner, lawyer,
applicant,
v
Hellenic Republic,
defendant,
APPLICATION for compensation for the damage allegedly suffered by the Republic of Turkey due to the lack of financial assistance under the Agreement establishing an Association between the European Economic Community and Turkey and its Additional Protocols following opposition from the Hellenic Republic in the Council,
THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Fourth Chamber),
composed of: O. Czúcz (Rapporteur), President of the Chamber, J. D. Cooke and I. Labucka, Judges,
Registrar: E. Coulon,
makes the following
Order
Facts and procedure
1 By application lodged at the Registry of the Court of First Instance on 16 July 2007, the applicant brought the present action in which it alleges that the Republic of Turkey was, on a number of occasions, denied financial assistance from the Communities and loans from the European Investment Bank under the Agreement establishing an Association between the European Economic Community and Turkey and its Additional Protocols (‘the Ankara agreement’) as a result of vetoes from the Hellenic Republic in the Council of the European Union.
2 The applicant submits that the Hellenic Republic is bound by the Ankara agreement and must fulfil the obligations arising from that agreement, including its financial obligations and that by opposing the financial assistance to the Republic of Turkey the Hellenic Republic unlawfully violated the agreement and caused damage to the Republic of Turkey estimated at the amount of 1 925 billion EUR.
Form of order sought by the applicant
3 The applicant claims that the Court of First Instance should:
– order the payment to the Republic of Turkey of the following sums;
– the estimated amount of 1 925 billion EUR;
– the credits with interest that the Republic of Turkey should have received from the European Investment Bank;
– damages due to the non payment of the aid and credits promised by the European Community;
– order the Republic of Turkey, the Commission of the European Communities and the Council to intervene in this case in support of the form of order sought by the applicant;
– assign an expert according to the Article 70 of the Rules of Procedure of the Court of First Instance in order to determine and verifying the damage and losses suffered by the Republic of Turkey;
– order the defendant to pay the costs.
Law
4 Under Article 111 of the Rules of Procedure of the Court of First Instance, where it is clear that the Court has no jurisdiction to take cognisance of an action, it may give a decision on the action by reasoned order, without taking further steps in the proceedings.
5 In the present case, the Court considers that it has sufficient information from the documents in the file and has decided, pursuant to that article, to give a decision without taking further steps in the proceedings.
6 By its application in the present case, the applicant seeks compensation from the Hellenic Republic for the damage allegedly suffered by the Republic of Turkey as a result of the lack of financial assistance from the Communities caused by opposition from the Hellenic Republic in the Council.
7 The jurisdiction of the Court of First Instance as regards non-contractual liability is set out in Article 235 EC, the second subparagraph of Article 288 EC, Article 151 EA and the second subparagraph of Article 188 EA. In accordance with those provisions, the Court has jurisdiction only to hear actions seeking compensation for damage caused by the Community institutions or by their servants in the performance of their duties.
8 In the present case, it is apparent that the conduct which is alleged to have caused damage is not claimed to have been attributed to either an institution or an organ of the Community.
9 It follows that the present action must be dismissed on the ground of manifest lack of jurisdiction and it is not necessary to serve the application on the defendant.
10 There is thus no need to rule on the claims that the Republic of Turkey, the Commission and the Council be ordered to intervene in support of the form of order sought by the applicant and that an expert report be obtained under Article 70 of the Rules of Procedure.
Costs
11 As the present order was adopted prior to service of the application on the defendant and before the latter could have incurred costs, it is sufficient to decide that the applicant must bear its own costs pursuant to Article 87(1) of the Rules of Procedure.
On those grounds,
THE COURT OF FIRST INSTANCE (Fourth Chamber)
hereby orders:
1. The action is dismissed.
2. İŞÇİ Partisi (Turkish Labor Party) shall bear its own costs.
Luxembourg, 29 November 2007.