# C_2007199EN.01004001.xml

| 25.8.2007 | EN | Official Journal of the European Union | C 199/40 |
| --- | --- | --- | --- |

25.8.2007

EN

Official Journal of the European Union

C 199/40

---

Action brought on 18 June 2007 — Transports Schiocchet — Excursions v Commission of the European Communities

(Case T-220/07)

(2007/C 199/76)

Language of the case: French

Parties

Applicant: Transports Schiocchet — Excursions (Beuvillers, France) (represented by: D. Schönberger, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | declare the Commission to be liable non-contractually for the infringement of the applicant's fundamental rights under Council Regulation (EEC) No 517/72 of 20 March 1972; |
| --- | --- |

—

declare the Commission to be liable non-contractually for the infringement of the applicant's fundamental rights under Council Regulation (EEC) No 517/72 of 20 March 1972;

| — | declare the Commission to be liable non-contractually for the infringement of the applicant's fundamental rights since the coming into force of Council Regulation (EEC) No 684/92 of 16 March 1992; |
| --- | --- |

—

declare the Commission to be liable non-contractually for the infringement of the applicant's fundamental rights since the coming into force of Council Regulation (EEC) No 684/92 of 16 March 1992;

| — | order the Commission to pay to the applicant, in respect of the heads of claim referred to above, the sum of EUR 50 723 808,39, which failing any other amount, including a higher one, to be certified by an expert, together with default interest on that sum from the date of the judgment to be delivered until the date of actual payment, at the rate of 8 % per year; |
| --- | --- |

—

order the Commission to pay to the applicant, in respect of the heads of claim referred to above, the sum of EUR 50 723 808,39, which failing any other amount, including a higher one, to be certified by an expert, together with default interest on that sum from the date of the judgment to be delivered until the date of actual payment, at the rate of 8 % per year;

| — | order the Commission to pay the costs; |
| --- | --- |

—

order the Commission to pay the costs;

| — | reserve to the applicant all other rights, pleas and actions. |
| --- | --- |

—

reserve to the applicant all other rights, pleas and actions.

Pleas in law and main arguments

By this application, the applicant is bringing an action for non-contractual liability seeking to obtain reparation for the damage allegedly suffered by it following the adoption by the Commission of Decision 89/524/EEC of 7 September 1989 on a dispute between Luxembourg and France on the establishment of a special regular passenger service between these two States (1), which was the subject of an action for annulment brought by the applicant and dismissed by the Court by judgment of 16 April 1991, delivered in Case C-354/89 Schiocchet v Commission (2), and following the adoption of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (3).

1

2

3

In its application, the applicant claims that by adopting the measures in question the Community institutions have infringed its fundamental rights by regularising an unlawful situation involving its competitors on the market for bus transport between Luxembourg and France, who were carrying on their activities without prior authorisation.

---

(1)  OJ 1989 L 272, p. 18.

1

(2)  [1991] ECR I-1775.

2

(3)  OJ 1992 L 74, p. 1.

3

---