# C_2005229EN.01001201.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/12 |
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17.9.2005

EN

Official Journal of the European Union

C 229/12

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JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

in Case T-260/97 Camar Srl v Council of the European Union and Commission of the European Communities (1)

1

(Common organisation of the markets - Bananas - Import arrangements - Non-contractual liability of the Community - Assessment of loss)

(2005/C 229/23)

Language of the case: Italian

In Case T-260/97: Camar Srl, established in Florence (Italy), represented by W. Viscardini Donà, M. Paolin and S. Donà, lawyers, with an address for service in Luxembourg, against the Council of the European Union (Agents: initially J.P. Hix and A. Tanca, subsequently J.P. Hix and F. Ruggeri Laderchi, with an address for service in Luxembourg) and the Commission of the European Communities (Agents: initially H. van Vliet, subsequently C. Van der Hauwaert and L. Visaggio, and A. Dal Ferro, lawyer, with an address for service in Luxembourg), supported by the French Republic (Agents: K. Rispal-Bellanger and C. Vasak, with an address for service in Luxembourg) — action to determine the amount of damages which the Commission was ordered to pay the applicant following the annulment, by interlocutory judgment of the Court of First Instance in Joined Cases T-79/96, T-260/97 and T-117/98 Camar and Tico v Commission and Council [2000] ECR II-2193, of the Commission's decision of 17 July 1997 rejecting the application by the applicant for transitional measures under Article 30 of Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (OJ 1993 L 47, p. 1) — the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Mengozzi and I. Wiszniewska-Białecka, Judges; J. Palacio González, Principal Administrator, for the Registrar, gave a judgment on 13 July 2005, in which it:

Camar and Tico

Commission and Council

| 1. | Orders the Commission to pay the applicant compensation in the amount of EUR 5 024 192; |
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1.

Orders the Commission to pay the applicant compensation in the amount of EUR 5 024 192;

| 2. | Orders that that compensation figure be revalued in accordance with the criteria laid down in paragraphs 139 to 141 and 145 of this judgment; |
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2.

Orders that that compensation figure be revalued in accordance with the criteria laid down in paragraphs 139 to 141 and 145 of this judgment;

| 3. | Orders that default interest from the date of delivery of this judgment until payment in full be added to the compensation figure, as revalued. The interest rate to be applied shall be two points above the rate set by the European Central Bank for its main refinancing operations as applicable during the period in question; |
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3.

Orders that default interest from the date of delivery of this judgment until payment in full be added to the compensation figure, as revalued. The interest rate to be applied shall be two points above the rate set by the European Central Bank for its main refinancing operations as applicable during the period in question;

| 4. | Orders the Commission to pay 90 % of the costs of the stage in the present proceedings which follows the judgment of the Court of First Instance in Joined Cases T-79/96, T-260/97 and T-117/98 Camar and Tico v Commission and Council [2000] ECR II-2193; |
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4.

Orders the Commission to pay 90 % of the costs of the stage in the present proceedings which follows the judgment of the Court of First Instance in Joined Cases T-79/96, T-260/97 and T-117/98 Camar and Tico v Commission and Council [2000] ECR II-2193;

| 5. | Orders the Council to pay 10 % of the costs of the stage in the present proceedings which follows the judgment of the Court of First Instance in Joined Cases T-79/96, T-260/97 and T-117/98 Camar and Tico v Commission and Council [2000] ECR II-2193; |
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5.

Orders the Council to pay 10 % of the costs of the stage in the present proceedings which follows the judgment of the Court of First Instance in Joined Cases T-79/96, T-260/97 and T-117/98 Camar and Tico v Commission and Council [2000] ECR II-2193;

| 6. | Orders the French Republic to bear its own costs. |
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6.

Orders the French Republic to bear its own costs.

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(1)  OJ C 357 of 22.11.1997.

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