Case T-135/01: Judgment of the Court of First Instance of  14 December 2005  — Fedon & Figli and Others v Council and Commission (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)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, United States, appeal to the Court (EU), customs drawback, export (EU)

25.2.2006

EN

Official Journal of the European Union

C 48/25

Application for

Application for

compensation in respect of the damage allegedly caused by the
levying by the United States of America of increased customs
duty on imports of the applicant's boxes made of printed and
decorated paperboard, 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 under-
standings annexed to the Agreement establishing the WTO

annulment of the alleged decision of the Commission adopted
under Article 3a of Council Directive 89/552/EEC of 3 October
1989 on the coordination of certain provisions laid down by
law, regulation or administrative action in Member States
concerning the pursuit of television broadcasting activities (OJ
1989 L 298, p. 23), as amended by Directive 97/36/EC of the
European Parliament and of the Council of 30 June 1997 (OJ
1997 L 202, p. 60),

Operative part of the judgment

The Court:

1) Dismisses the action as inadmissible in so far as it is brought

against the Parliament;

2) Dismisses the remainder of the action as unfounded;

Operative part of the judgment

The Court:

1) annuls the decision of the Commission contained in its letter of
28 July 2000 to the United Kingdom of Great Britain and
Northern Ireland;

3) Orders the applicant to bear, in addition to its own costs, the
costs incurred by the Parliament, the Council and the Commission;

2) dismisses the remainder of the action;

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

(1) OJ C 61 of 24. 2. 2001.

3) orders the French Republic, the United Kingdom of Great Britain
and Northern Ireland and the Parliament to bear the applicant's
costs arising from their interventions;

4) orders the Commission to bear its own costs and those of the

applicant, apart from those referred to at 3, above;

5) orders the interveners to bear their own costs.

(1) OJ C 134 of 05. 05. 2001.

Judgment of the Court of First Instance of 15 December
2005 — Infront WM AG v Commission of the European
Communities

(Case T-33/01) (1)

(Television broadcasting — Directive 89/552/EEC — Direc-
tive 97/36/EC — Article 3a — Events of major importance
for society — Admissibility — Infringement of essential
procedural requirements)

Judgment of the Court of First Instance of 14 December
2005 — Fedon & Figli and Others v Council and Commis-
sion

(2006/C 48/46)

Language of the case: English

Parties

Infront WM AG, formerly KirchMedia WM AG
Applicant(s):
(Zug (Switzerland))
(represented initially by C. Lenz, A.
Bardong, lawyers, and E. Batchelor, Solicitor, and subsequently
by C. Lenz, E. Batchelor, R. Denton, Solicitors, F. Carlin,
Barrister, and M. Clough QC)

Defendant(s): Commission of the European Communities (repre-
sented by: K. Banks and M. Huttunen, acting as Agents, and by
J. Flynn QC)

Intervener(s) in support of the defendant(s): French Republic, repre-
sented by G. de Bergues, acting as Agent, United Kingdom of
Great Britain and Northern Ireland, represented initially by J.
Collins and subsequently by R. Caudwell and finally by
M. Berthell and by K. Parker QC, European Parliament, repre-
sented by C. Pennera and M. Moore, acting as Agents, and
Council of
the European Union, represented by A. Lopes
Sabino and M. Bishop, acting as Agents,

(Case T-135/01) (1)

(Non-contractual liability of the Community — Incompat-
ibility 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)

(2006/C 48/47)

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)

C 48/26

EN

Official Journal of the European Union

25.2.2006

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)

Interveners in support of the defendant: Rolls-Royce plc (London,
United Kingdom, represented by A. Renshaw, Solicitor) and
Rockwell Collins, Inc. (Cedar Rapids, Iowa, United States, repre-
J. Davies, A. Ryan, Solicitors, and P.
sented by T. Soames,
Camesasca, lawyer)

Application for

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 Organisa-
tion (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:

1. Dismisses the action;

the annulment of Commission Decision 2004/134/EC of 3 July
2001 declaring a concentration to be incompatible with the
common market and the EEA Agreement (Case No COMP/
M.2220 — General Electric/Honeywell) (OJ 2004 L 48, p. 1)

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant

to bear its own costs and to pay those

incurred by the Commission and by the interveners.

2. Orders the applicants to bear their own costs and to pay those of

the Council and the Commission.

(1) OJ C 331 of 24. 11. 2001.

(1) OJ C 275, 29.9.2001.

Judgment of the Court of First Instance of 14 December
2005 — Honeywell International Inc. v Commission of
the European Communities

(Case T-209/01) (1)

(Action for annulment — Competition — Commission deci-
sion declaring a concentration to be incompatible with the
common market — Regulation (EEC) No 4064/89 — Ineffec-
tiveness of a partial challenge to the decision — Aeronautical
markets — Action that cannot lead to annulment of the deci-
sion)

(2006/C 48/48)

Language of the case: English

Parties

Applicant: Honeywell International Inc. (Morristown, New Jersey
(United States)) (represented by: K. Lasok QC and F. Depoor-
tere, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: R. Lyal, P. Hellström and F. Siredey-Garnier, acting
as Agents)

Judgment of the Court of First Instance of 14 December
2005 — General Electric v Commission

(Case T-210/01) (1)

(Action for annulment — Competition — Commission deci-
sion declaring a concentration to be incompatible with the
common market — Regulation (EEC) No 4064/89 — Aero-
nautical markets — Acquisition of Honeywell by General
Electric — Vertical integration — Bundling — Foreclosure —
Horizontal overlaps — Rights of the defence)

(2006/C 48/49)

Language of the case: English

Parties

Applicant: General Electric Company (Fairfield, Connecticut
(United States)) (represented by: N. Green QC, C. Booth QC, J.
Simor, K. Bacon, Barristers, S. Baxter, Solicitor, L. Vogel and J.
Vogel, lawyers, and, initially, by M. Van Kerckhove, lawyer, and
subsequently by J. O'Leary, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: R. Lyal, P. Hellström and F. Siredey-Garnier, Agents)

Intervener(s) in support of the defendant: Rolls-Royce plc (London
(United Kingdom)) (represented by: A. Renshaw, Solicitor) and
by Rockwell Collins, Inc. (Cedar Rapids, Iowa (United States))
(represented by: T.
and A. Ryan,
Solicitors, and P.D. Camesasca, lawyer)

J. Davies

Soames,