Judgment — ECLI:EU:T:2005:454
Date: 2005-12-14
Language of the case: Italian
Court formation: Grand Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;External relations;Fruit and vegetables;Commercial policy;World Trade Organization;Non-contractual liability;Bananas
Concepts: GATT and WTO;Causal link;Basis of liability
Procedure: Action for damages - unfounded
Origin: Italy

Judgment of the Court of First Instance of 14 December 2005 - Fedon & Figli and Others v Council and Commission (Case T-135/01) 1 (Non-contractual liability of the Community - Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) - Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation - Decision of the WTO Dispute Settlement Body - Legal effects - Community liability in the absence of unlawful conduct on the part of its institutions - Causal link - Unusual and special damage) Language of the case: Italian Parties Applicants: Giorgio Fedon & Figli SpA (Vallesella di Cadore, Italy), Fedon Srl (Pieve d'Alpago, Italy) and Fedon America, Inc. (Wilmington, Delaware, United States) (represented by: I. Van Bael, A. Cevese and F. Di Gianni, lawyers) Defendants: Council of the European Union (represented by: S. Marquardt and F. Ruggeri Laderchi, Agents) and Commission of the European Communities (initially represented by: P. Kuijper, E. Righini, V. Di Bucci and B. Jansen and then by: P. Kuijper, E. Righini and V. Di Bucci, Agents) Application for compensation in respect of the damage allegedly caused by the levying by the United States of America of increased customs duty on the applicants' imports of spectacle cases, as authorised by the Dispute Settlement Body of the World Trade Organisation (WTO), following a finding that the Community regime governing the import of bananas was incompatible with the agreements and understandings annexed to the Agreement establishing the WTO Operative part of the judgment The Court: Dismisses the action; Orders the applicants to bear their own costs and to pay those of the Council and the Commission. ____________ 1 - OJ C 275, 29.9.2001.