Judgment of the Court of First Instance of 13 December 2006 - Julia Abad Pérez and Others v Council of the European Union
(Common agricultural policy - Animal health - Bovine spongiform encephalopathy - Legislation relating to protection of animal health and public health - Action for damages - Non-contractual liability - Causal link - Formal defects - Association of traders - Inadmissibility)
Language of the case: Spanish
Parties
Applicants: Julia Abad Pérez (El Barraco, Spain) and the 481 other applicants whose names are listed in the Annex to the present judgment, Confederación de Organizaciones de Agricultores y Ganaderos, established in Madrid, Spain) Unió de Pagesos (Barcelona, Spain) (represented by: M. Roca Junyent, J. Roca Sagarra, M. Pons de Vall Alomar and E. Sagarra Trias, lawyers)
Defendants: Council of the European Union (represented by: initially by J. Carbery and F. Florindo Gijón, and subsequently by F. Florindo Gijón and M. Balta, Agents) and Commission of the European Communities (represented by: G. Berscheid and S. Pardo Quintillán, Agents, assisted by J. Guerra Fernández, lawyer)
Re:
Action for damages pursuant to Article 235 EC and the second paragraph of Article 288 EC for reparation of the harm allegedly suffered by the applicants due to acts and omissions on the part of the Council and the Commission, following the appearance of the disease bovine spongiform encephalopathy in Spain
Operative part of the judgment
The Court:
Dismisses the action as inadmissible in so far as it concerns the Unió de Pagesos and la Confederación de Organizaciones de Agricultores y Ganaderos;
Dismisses the remainder of the action as unfounded;
3. Orders the applicants to bear their own costs and to pay those incurred by the Council and the Commission.
____________1 - OJ C 56, 2.3.2002.