# C_2013325EN.01002202.xml

| 9.11.2013 | EN | Official Journal of the European Union | C 325/22 |
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9.11.2013

EN

Official Journal of the European Union

C 325/22

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Judgment of the General Court of 16 September 2013 — ATC and Others v Commission

(Case T-333/10) (1)

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(Non-contractual liability - Health policy - Safeguard measures in crisis situation - Protection measures in relation to highly pathogenic avian influenza in certain third countries - Prohibition on imports of wild birds captured in their natural habitat - Sufficiently serious breach of rules of law conferring rights on individuals - Manifest and grave disregard of the limits on the discretion - Directives 91/496/EC and 92/65/C - Precautionary principle - Duty of diligence - Proportionality)

2013/C 325/37

Language of the case: Dutch

Parties

Parties

Applicants: Animal Trading Company (ATC) BV (Loon op Zand, Netherlands); Avicentra NV (Malle, Belgium); Borgstein Birds and Zoofood Trading VOF (Wamel, Netherlands); Bird Trading Company Van der Stappen BV (Dongen, Netherlands); New Little Bird’s srl (Anagni, Italy); Vogelhuis Kloeg (Zevenbergen, Netherlands) and Giovanni Pistone (Westerlo, Belgium) (represented by: M. Osse and J. Houdijk, lawyers)

Applicants:

Defendant: European Commission (represented by: F. Jimeno Fernández and B. Burggraaf, acting as Agents)

Defendant:

Re:

Re:

Action for compensation in respect of the harm allegedly suffered by the applicants as a result of the adoption first, of Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds (OJ 2005 L 285, p. 60), as extended, and of Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (OJ 2007 L 84, p. 7).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | The European Union is ordered to compensate for the loss suffered by the Animal Trading Company (ATC) BV, Avicentra NV, Borgstein Birds and Zoofood Trading vof, Bird Trading Company Van der Stappen BV, New Little Bird’s srl, Vogelhuis Kloeg and Mr Pistone Giovanni as a result of the adoption and implementation by the European Commission of: (i) Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds; (ii) Commission Decision 2005/862/EC of 30 November 2005 amending Decisions 2005/759/EC and 2005/760/EC relating to measures to combat avian influenza in birds other than poultry; (iii) Commission Decision 2006/79/EC of 31 January 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards an extension of their period of application; (iv) Commission Decision 2006/405/EC of 7 June 2006 amending Decisions 2005/710/EC, 2005/734/EC, 2005/758/EC, 2005/759/EC, 2005/760/EC, 2006/247/EC and 2006/265/EC as regards certain protection measures in relation to highly pathogenic avian influenza; (v) Commission Decision 2006/522/EC of 25 July 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community; (vi) Commission Decision 2007/21/EC of 22 December 2006 amending Decision 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and imports of birds other than poultry into the Community; (vii) Commission Decision 2007/183/EC of 23 March 2007 amending Decision 2005/760/EC. |
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1.

The European Union is ordered to compensate for the loss suffered by the Animal Trading Company (ATC) BV, Avicentra NV, Borgstein Birds and Zoofood Trading vof, Bird Trading Company Van der Stappen BV, New Little Bird’s srl, Vogelhuis Kloeg and Mr Pistone Giovanni as a result of the adoption and implementation by the European Commission of: (i) Commission Decision 2005/760/EC of 27 October 2005 concerning certain protection measures in relation to highly pathogenic avian influenza in certain third countries for the import of captive birds; (ii) Commission Decision 2005/862/EC of 30 November 2005 amending Decisions 2005/759/EC and 2005/760/EC relating to measures to combat avian influenza in birds other than poultry; (iii) Commission Decision 2006/79/EC of 31 January 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards an extension of their period of application; (iv) Commission Decision 2006/405/EC of 7 June 2006 amending Decisions 2005/710/EC, 2005/734/EC, 2005/758/EC, 2005/759/EC, 2005/760/EC, 2006/247/EC and 2006/265/EC as regards certain protection measures in relation to highly pathogenic avian influenza; (v) Commission Decision 2006/522/EC of 25 July 2006 amending Decisions 2005/759/EC and 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and movements of certain live birds into the Community; (vi) Commission Decision 2007/21/EC of 22 December 2006 amending Decision 2005/760/EC as regards certain protection measures in relation to highly pathogenic avian influenza and imports of birds other than poultry into the Community; (vii) Commission Decision 2007/183/EC of 23 March 2007 amending Decision 2005/760/EC.

| 2. | The action is dismissed as to the remainder. |
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2.

The action is dismissed as to the remainder.

| 3. | The parties are ordered to provide the General Court with the amounts (in figures) of compensation to be paid, established by common agreement, within three months of the date of judgment. |
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3.

The parties are ordered to provide the General Court with the amounts (in figures) of compensation to be paid, established by common agreement, within three months of the date of judgment.

| 4. | If the parties fail to reach an agreement, they are to provide the General Court with their forms of order sought, including figures, within the same period. |
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4.

If the parties fail to reach an agreement, they are to provide the General Court with their forms of order sought, including figures, within the same period.

| 5. | Costs are reserved. |
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5.

Costs are reserved.

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(1)  OJ C 274, 9.10.2010.

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