Judgment of the Court of First Instance of 13 July 2005 in Case T-260/97 Camar Srl v Council of the European Union and Commission of the European Communities (Common organisation of the markets — Bananas — Import arrangements — Non-contractual liability of the Community — Assessment of loss)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, common organisation of markets, import licence, import policy, indemnification, tariff quota, tropical fruit

C 229/12

EN

Official Journal of the European Union

17.9.2005

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

above the rate set by the European Central Bank for its main refi-
nancing operations as applicable during the period in question;

of 13 July 2005

in Case T-260/97 Camar Srl v Council of the European
Union and Commission of the European Communities (1)

(Common organisation of the markets — Bananas — Import
arrangements — Non-contractual liability of the Community
— Assessment of loss)

(2005/C 229/23)

4. Orders the Commission to pay 90 % of the costs of the stage in
the present proceedings which follows the judgment of the Court of
First Instance in Joined Cases T-79/96, T-260/97 and T-117/
98 Camar and Tico v Commission and Council [2000] ECR II-
2193;

5. Orders the Council to pay 10 % of the costs of the stage in the
present proceedings which follows the judgment of the Court of
First Instance in Joined Cases T-79/96, T-260/97 and T-117/
98 Camar and Tico v Commission and Council [2000] ECR II-
2193;

(Language of the case: Italian)

6. Orders the French Republic to bear its own costs.

(1) OJ C 357 of 22.11.1997.

In Case T-260/97: Camar Srl, established in Florence (Italy),
represented by W. Viscardini Donà, M. Paolin and S. Donà,
lawyers, with an address for service in Luxembourg, against the
Council of the European Union (Agents: initially J.P. Hix and
A. Tanca, subsequently J.P. Hix and F. Ruggeri Laderchi, with
an address for service in Luxembourg) and the Commission of
the European Communities (Agents:
initially H. van Vliet,
subsequently C. Van der Hauwaert and L. Visaggio, and A. Dal
Ferro,
lawyer, with an address for service in Luxembourg),
supported by the French Republic (Agents: K. Rispal-Bellanger
and C. Vasak, with an address for service in Luxembourg) —
action to determine the amount of damages which the
Commission was ordered to pay the applicant following the
annulment, by interlocutory judgment of the Court of First
Instance in Joined Cases T-79/96, T-260/97 and T-117/98
Camar and Tico v Commission and Council [2000] ECR II-2193,
of the Commission's decision of 17 July 1997 rejecting the
application by the applicant for transitional measures under
Article 30 of Council Regulation (EEC) No 404/93 of
13 February 1993 on the common organisation of the market
in bananas (OJ 1993 L 47, p. 1) — the Court of First Instance
(Fourth Chamber), composed of H. Legal, President, P. Mengozzi
and I. Wiszniewska-Białecka, Judges; J. Palacio González, Prin-
cipal Administrator, for the Registrar, gave a judgment on 13
July 2005, in which it:

1. Orders the Commission to pay the applicant compensation in the

amount of EUR 5 024 192;

2. Orders that that compensation figure be revalued in accordance
with the criteria laid down in paragraphs 139 to 141 and 145
of this judgment;

3. Orders that default interest from the date of delivery of this judg-
ment until payment in full be added to the compensation figure,
as revalued. The interest rate to be applied shall be two points

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 July 2005

in Case T-241/01, Scandinavian Airlines System AB v
Commission of the European Communities (1)

(Competition — Cartel — Air transport — Regulation (EEC)
No 3975/87 — Notified agreements — Cooperation beyond
the scope of the notification — Market-sharing — Fine —
Guidelines for the calculation of fines — Seriousness of the
infringement — Notice on the non-imposition or reduction of
fines — Attenuating circumstances — Unlimited jurisdic-
tion)

(2005/C 229/24)

(Language of the case: English)

In Case T-241/01: Scandinavian Airlines System AB, established
in Stockholm (Sweden), represented by M. Kofmann, lawyer,
with an address for service in Luxembourg, against Commis-
sion of the European Communities (Agents: P. Oliver and W.
Wils, with an address for service in Luxembourg) — application