CELEX: 62004TJ0457
Common organisation of the markets
Bananas
Transitional measures
Article 30 of Council Regulation (EEC) No 404/93
Judgment finding that the Commission had failed to act
Failure to give effect to a judgment of the Court
Action for annulment
Application for an order that effect be given to the judgment by way of financial equivalent
Compensation for non-material damage
Unlawful failure to act on the part of the Commission
Action for damages
Suspension of the limitation period
Article 46 of the Statute of the Court of Justice
Inadmissibility

In Case T‑457/04, application, first, for annulment of the Commission's decision not to give effect to paragraph 1 of the
operative part of the judgment of the Court of 8 June 2000,
Camar and Tico
v
Commission and Council
(Joined Cases T‑79/96, T‑260/97 and T‑117/98 [2000] ECR II‑2193), contained in the letter of 10 September 2004, secondly,
for an order that the Commission give effect to paragraph 1 of the operative part of the abovementioned judgment in
Camar and Tico
v
Commission and Council
by the financial equivalent of the value of the certificates that it has not issued and, thirdly, for an order that the Commission
pay compensation for non-material loss, and in Case T‑223/05, application for an order that the Commission pay compensation,
on the basis of the non-contractual liability of the European Community, for the loss which the applicant has suffered.
Operative part
The Court:
1.
Annuls the decision of the Commission contained in the letter of 10 September 2004 from the Director General of the Directorate
General ‘Agriculture’ refusing to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June
2000, Camar and Tico v Commission and Council (Joined Cases T‑79/96, T‑260/97 and T‑117/98 [2000] ECR II‑2193);
2.
For the rest, dismisses the action in Case T‑457/04 as unfounded;
3.
Dismisses the action in Case T‑223/05 as inadmissible;
4.
In Case T‑457/04, orders Camar Srl and the Commission each to bear half of their own costs and to pay half of the costs of
the other party;
5.
In Case T‑223/05, orders Camar Srl to bear its own costs and to pay the Commission's costs.