Order — ECLI:EU:C:2010:268
Date: 2010-05-12
Language of the case: Greek
Court formation: Eighth Chamber
Subject matter: Agriculture and Fisheries;Fisheries policy
Procedure: Appeal - unfounded;Action for damages
Origin: Greece

Order of the Court (Eighth Chamber) of 12 May 2010 – Pigasos Alieftiki Naftiki Etaireia v Council and Commission (Case C‑451/09 P) Appeal – Non-contractual liability – Proof of Community origin of products fished by a vessel owned by a company registered under Greek law – Failure to adopt provisions permitting the customs authorities of the Member States to accept documents issued by a non-Member State, other than form T2M 1. Non-contractual liability – Conditions – Legislative measure involving choices of economic policy – Sufficiently established breach of a superior rule of law conferring rights on individuals – Requirement of manifest, grave disregard of the limits of the broad discretion enjoyed by the Union legislature (Art. 340(2) TFEU) (see paras 20-25) 2. Appeals – Grounds – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (see para 30) 3. Appeals – Grounds – Plea directed at a ground of the judgment not necessary to support the operative part – Ineffective plea in law (see para 38) 4. Non-contractual liability – Conditions – Damage – Duty of the person injured to show reasonable diligence in order to limit the extent of the damage (Art. 340(2) TFEU) (see paras 39-40) Re: Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-162/07 Pigasos Alieftiki Naftiki Etairia v Council and Commission , in which that Court dismissed an action for damages to compensate for the damage alleged to have been suffered by the applicant as a result of the fact that the Council and the Commission did not adopt provisions enabling the customs authorities of a Member State, in this case the Greek customs authorities, to accept as proof of the Community nature of products fished by a Greek vessel belonging to the applicant documents issued by a third State other than the T2M form provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 (OJ 1993 L 253, p. 1). Operative part: The Court: 1. Dismisses the appeal; 2. Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.