Action brought on 30 April 2013 – Kompas MTS v Parliament and Others
(Case T-315/13)
Language of the case: German
Parties
Applicant: Kompas mejni turistični servis d.d. (Kompas MTS d.d.) (Ljubljana, Slovenia) (represented by: J. Tischler, lawyer)
Defendants: European Parliament, European Commission and Council of the European Union
Form of order sought
The applicant claims that the Court should:
Order the European Union to pay the sum of EUR 846 000 plus interest at the rate of 8% or declare that a right to compensation for damage against the European Union exists;
Order the defendants to pay the necessary costs pursuant to Article 87(2) of the Rules of Procedure.
Pleas in law and main arguments
The applicant seeks compensation for damage in essence on the basis of the adoption of Article 5(6)(e) of Directive 2001/37/EC 1 . It takes the view that it was only due to the adoption of that provision that it was possible for the Austrian legislature to restrict the importation of tobacco products on which the text was not in German. The applicant submits that that quantitative restriction on imports was caused by the adoption of Directive 2001/37, by which the defendants infringed the principle of proportionality, the principle of non-discrimination, the fundamental right to property and the freedom to conduct a business.
____________1 Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (OJ 2001 L 194, p. 26).