Order of the Court of First Instance of 21 June 2006 -Danzer v Council
(Company law - HYPERLINK "http://ogma.curia.eu.int:8080/cGTi/html/CelexUrl.html?command=DocNumber&lg=en&source=Celex&numdoc=31968L0151&html=1" Directives 68/151/EEC and 78/660/EEC - Disclosure of annual accounts - Protection of business secrets - Breach of fundamental rights - Legal basis - Action for damages - Inadmissibility)
Language of the case: German
Parties
Applicants: Manfred Danzer and Hannelore Danzer (Linz, Austria) (represented by: initially by J. Hintermayr, M. Krüger, F. Haunschmidt, G. Minichmayr and P. Burgstaller, and subsequently by J. Hintermayr, F. Haunschmidt, G. Minichmayr, P. Burgstaller, G. Tusek, T. Riedler and C. Hadeyer, lawyers)
Defendants: Council of the European Union (represented by: M. Giorgi Fort and M. Bauer, Agents)
Re:
Application, first, for compensation under Article 288 EC in respect of damage allegedly suffered by the applicants due to the obligation to disclose certain information in the annual accounts of the companies of which they are managers under Article 2(1)(f) of First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty (subsequently the second paragraph of Article 58 of the EC Treaty, now the second paragraph of Article 48 EC), with a view to making such safeguards equivalent throughout the Community (OJ, English Special Edition 1968 (I), p. 41), and Article 47 of Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty (subsequently Article 54(3)(g) of the EC Treaty, now, after amendment, Article 44(2)(g) EC) on the annual accounts of certain types of companies (OJ 1978 L 222, p. 11) and, second, for a declaration that the aforementioned provisions are invalid.
Operative part of the order:
The Court hereby:
Dismisses the action;
Orders the applicants to bear their own costs and to pay the Council's costs.
____________1 - OJ C 109, 4.5.2002.