Case T-383/00: Judgment of the Court of First Instance of  14 December 2005  — Beamglow v Parliament and Others (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 of its institutions — Causal link — Unusual and special damage)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Community, United Kingdom, United States, appeal to the Court (EU), export restriction, packaging product

C 48/24

EN

Official Journal of the European Union

25.2.2006

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 applicants' cotton bed linen, 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 understandings annexed to the Agreement
establishing the WTO

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 folding boxes made of
printed 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

Operative part of the judgment

Operative part of the judgment

The Court:

1) Dismisses the action;

The Court:

1) Dismisses the action;

2) Orders the applicants to bear, in addition to their own costs, the

costs incurred by the Council and the Commission;

2) Orders the applicant to bear,

in addition to its own costs, the

costs incurred by the Council and the Commission.

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

(1) OJ C 355 of 9.12.2000.

(1) OJ C 355 of 9.12.2000.

Judgment of the Court of First Instance of 14 December
2005 — Beamglow v Parliament and Others

Judgment of the Court of First Instance of 14 December
2005 — CD Cartondruck v Council and Commission

(Case T-383/00) (1)

(Case T-320/00) (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 of its institutions — Causal link —
Unusual and special damage)

(2006/C 48/44)

Language of the case: German

Parties

Applicant: CD Cartondruck AG (Obersulm, Germany)
(repre-
sented initially by H.-J. Niemeyer and W. Berg, and subse-
quently by W. Berg, lawyers)

Defendants: Council of the European Union (represented by J.
Huber and S. Marquardt, acting as Agents) and Commission of
the European Communities (represented initially by S. Jansen
and B. Fries, and subsequently by P. Kuijper and S. Fries, acting
as Agents)

(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 of its institutions — Causal link —
Unusual and special damage)

(2006/C 48/45)

Language of the case: English

Parties

Applicant: Beamglow Ltd (St
Kingdom)) (represented by: D. Waelbroeck, lawyer)

Ives, Cambridgeshire (United

Defendants: European Parliament (represented by R. Passos and
K. Bradley, acting as Agents), Council of the European Union
(represented by S. Marquardt and M. Bishop, acting as Agents)
and Commission of the European Communities (represented by
P. Kuijper, C. Brown and E. Righini, acting as Agents)

Intervener in support of the defendants: Kingdom of Spain (repre-
sented initially by R. Silva de Lapuerta, and subsequently by E.
Braquehais Conesa, acting as Agents)

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)