EN Official Journal of the European Union C 285/3

Judgment of the Court (Grand Chamber) of 9 September 2008 — Fabbrica italiana accumulatori motocarri Montecchio SpA (FIAMM), Fabbrica italiana accumulatori motocarri Montecchio Technologies Inc (FIAMM Technologies), Giorgio Fedon & Figli SpA, Fedon America, Inc. v Council of the European Union, Commission of the European Communities, Kingdom of Spain

(Joined Cases C-120/06 P and C-121/06 P) (1)

(Appeals - Recommendations and rulings of the World Trade Organisation (WTO) Dispute Settlement Body - Determination of the Dispute Settlement Body that the Community regime governing the import of bananas was incompatible with WTO rules - Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports of certain products from various Member States - Retaliatory measures authorised by the WTO - No non-contractual Community liability - Duration of the proceedings before the Court of First Instance - Reasonable period - Claim for fair compensation)

(2008/C 285/04)

Language of the case: Italian

Parties

Appellants: Fabbrica italiana accumulatori motocarri Montecchio SpA (FIAMM), Fabbrica italiana accumulatori motocarri Montecchio Technologies Inc. (FIAMM Technologies), Giorgio Fedon & Figli SpA, Fedon America, Inc. (represented by: I. Van Bael, A. Cevese, F. Di Gianni and R. Antonini, avocats)

Other parties to the proceedings: Council of the European Union (represented by: A. Vitro, S. Marquardt and A. De Gregorio Merino, acting as Agents), Commission of the European Communities (represented by: P.J. Kuijper, V. Di Bucci, C. Brown and E. Righini, acting as Agents), Kingdom of Spain (Case C-120/06 P) (represented by: E. Braquehais Conesa and M. Muñoz Pérez, acting as Agents)

Intervener in support of the Council of the European Union and the Commission of the European Communities: Kingdom of Spain (Case C-121/06 P) (represented by: M. Muñoz Pérez, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (Grand Chamber) of 14 December 2005 in Case T-69/00 FIAMM and FIAMM Technologies v Council and Commission, dismissing as unfounded an action for compensation for damage allegedly suffered by the appellants as a result of retaliatory measures taken by the United States authorities in relation to a series of Community goods, including batteries manufactured and exported by the appellants, in the context of the dispute concerning the European regime governing the import of bananas

Appeal against the judgment of the Court of First Instance (Grand Chamber) of 14 December 2005 in Case T-135/01 Fedon & Figli and Fedon America v Council and Commission, dismissing as unfounded an action for compensation for damage allegedly suffered by the appellants as a result of retaliatory measures taken by the United States authorities in relation to a series of Community goods, including spectacle cases manufactured and exported by the appellants, in the context of the dispute concerning the European regime governing the import of bananas

Operative part of the judgment

The Court:

1. Dismisses the main appeals;

2. Dismisses the cross-appeals;

3. Orders Fabbrica italiana accumulatori motocarri Montecchio SpA, Fabbrica italiana accumulatori motocarri Montecchio Technologies LLC, Giorgio Fedon & Figli SpA and Fedon America, Inc. to bear the costs incurred by the Council of the European Union and the Commission of the European Communities;

4. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 108, 6.5.2006.