Judgment of the General Court (Third Chamber) of 29 November 2016 —

T & L Sugars and Sidul Açúcares v Commission

(Case T‑103/12)

(Non-contractual liability - Agriculture - Sugar - Exceptional measures - Availability of supply on the EU market - 2011/12 marketing year - Rule of law intended to confer rights on individuals - Sufficiently serious infringement - Regulation (EC) No 1234/2007 - Principle of non-discrimination - Proportionality - Legal certainty - Legitimate expectations - Duty of diligence and the principle of sound administration)

1. Judicial proceedings—Intervention—Arguments different from those of the party supported—Admissibility—Conditions (Statute of the Court of Justice, Arts 40, fourth para., and 53; Rules of Procedure of the General Court, Art. 142(3)) (see para. 36)

2. Non-contractual liability—Conditions—Sufficiently serious breach of a rule of law intended to confer rights on individuals—Rule of law intended to confer rights on individuals—Concept—Obligation to consult the Parliament in the context of the adoption of measures under the common agricultural policy—Not included—Whether Commission authorised to suspend, pursuant to Regulation No 1234/2007, the application of import duties for certain agricultural products—Precluded (Art. 37 EC; Art. 340, second para., TFEU; Council Regulation No 1234/2007, Arts 64(2), and 187) (see paras 40, 41, 44, 50, 51, 56, 57, 59, 60)

3. Non-contractual liability—Conditions—Sufficiently serious breach of a rule of law intended to confer rights on individuals—Rule of law intended to confer rights on individuals—Concept—Principles of non-discrimination, proportionality and the protection of legitimate expectations—Included—Right to sound administration—Included—Conditions (Art. 340, second para., TFEU) (see paras 63, 65)

4. Agriculture—Common organisation of the markets—Implementing measures—Measures taken by reason of disturbances caused by exchange rates or prices on the world market—Suspension of import duties—Discretion of the Commission—Limits (Arts 39 TFEU, 40 TFEU and 43 TFEU; Council Regulation No 1234/2007, Art. 187) (see paras 72-74, 76)

5. Agriculture—Common organisation of the markets—Sugar—Market supply—Producers of sugar taken from beet grown in EU territory and refiners of imported raw sugar cane treated differently—No infringement of principle of non-discrimination (Art. 40(2), second para., TFEU; Council Regulation No 1234/2007, sixty-fifth, seventieth and seventy-second recitals and Art. 187) (see paras 102, 103, 106, 108, 112-114)

6. EU law—Principles—Proportionality—Common agricultural policy—Implementing measures—Discretion of the Community legislature—Judicial review—Limits—Measure clearly inappropriate in relation to the aim pursued (Council Regulation No 1234/2007, Art. 187) (see paras 126-129)

7. EU law—Principles—Protection of legitimate expectations—Limits—Modification of rules governing a common organization of the market—Discretion of the institutions—Legislation adapted to changes in the economic situation—Not possible to claim protection of legitimate expectations (Commission Regulations No 1239/2011, 1281/2011, 1316/2011, 1384/2911 and 27/2012) (see paras 147, 150)

8. EU law—Principles—Protection of legitimate expectations—Conditions—Specific assurances given by the authorities (see paras 156, 157)

9. EU law—Principles—Principle of sound administration—Duty of diligence—Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see paras 162, 163)

10. Non-contractual liability—Conditions—Unlawfulness—Damage—Causal link—Cumulative conditions—One of the conditions not satisfied—Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see para. 177)

Re:

(i) Application pursuant to Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 1239/2011 of 30 November 2011 opening a standing invitation to tender for the 2011/12 marketing year for imports of sugar of CN code 1701 at a reduced customs duty (OJ 2011 L 318, p. 4), of Commission Implementing Regulation (EU) No 1240/2011 of 30 November 2011 laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during marketing year 2011/12 (OJ 2011 L 318, p. 9), of Commission Implementing Regulation (EU) No 1281/2011 of 8 December 2011 on the minimum customs duty to be fixed in response to the first partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2011 L 327, p. 60), of Commission Implementing Regulation (EU) No 1308/2011 of 14 December 2011 fixing allocation coefficient, rejecting further applications and closing the period for submitting applications for available quantities of out-of-quota sugar to be sold on the Union market at reduced surplus levy during marketing year 2011/12 (OJ 2011 L 332, p. 8), of Commission Implementing Regulation (EU) No 1316/2011 of 15 December 2011 on the minimum customs duty to be fixed in response to the second partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2011 L 334, p. 16), of Commission Implementing Regulation (EU) No 1384/2011 of 22 December 2011 on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2011 L 343, p. 33), of Commission Implementing Regulation (EU) No 27/2012 of 12 January 2012 on the minimum customs duty for sugar to be fixed in response to the fourth partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2012 L 9, p. 12), and of Commission Implementing Regulation (EU) No 57/2012 of 23 January 2012, suspending the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2012 L 19, p. 12), and (ii) action pursuant to Article 268 TFEU for damages for the loss which the applicants allegedly suffered as a result of the adoption of those measures and of the Commission’s refusal to take the necessary measures to re-establish availability of supply of raw cane sugar.

Operative part

The Court:

1. Dismisses the action;

2. Orders T & L Sugars Ltd and Sidul Açúcares, Unipessoal Lda to bear their own costs and to pay those incurred by the European Commission;