**Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – Camar v Commission**

**(Joined Cases T-457/04 and T-223/05)**

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

1.                     *Actions for annulment – Judgment annulling a measure – Effects – Obligation to implement (Arts 230 EC, 232 EC, 233 EC and
288, para. 2, EC) (see paras 39-41, 49-50)*

2.                     *Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Failure to fulfil the obligation to implement
an annulling judgment (Art. 288, para. 2, EC) (see paras 57-58, 60-62)*

3.                     *Actions for damages – Time-limit for instituting proceedings – Limitation period of five years (Art. 288, para. 2, EC; Statute
of the Court of Justice, Art. 46) (see paras 75, 77, 79-80)*

**Re:**

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| 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:

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| 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); |

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| 2. | | For the rest, dismisses the action in Case T‐457/04 as unfounded; |

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| 3. | | Dismisses the action in Case T‐223/05 as inadmissible; |

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| 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; |

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| 5. | | In Case T‐223/05, orders Camar Srl to bear its own costs and to pay the Commission's costs. |