Case T-151/00: Judgment of the Court of First Instance of  14 December 2005  —Laboratoire du Bain 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 of its institutions — Causal link — Unusual and special damage)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: Spain, United States, civil liability proceedings, cosmetic product, cosmetics industry, customs drawback, import policy, indemnification, tariff barrier, trade dispute, tropical fruit

C 48/22

EN

Official Journal of the European Union

25.2.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 14 December
2005 — FIAMM and FIAMM Technologies v Council and
Commission

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

(Case T-69/00) (1)

(1) OJ C 135 of 13.5.2000.

(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 48/40)

Language of the case: Italian

Parties

(Monteccchio Maggiore,

Applicants: Fabbrica italiana accumulatori motocarri Montecchio
Italy) and Fabbrica
SpA (FIAMM)
italiana accumulatori motocarri Montecchio Technologies, Inc.
(FIAMM Technologies)
(East Haven, Delaware, United States)
(represented by I. Van Bael, A. Cevese and F. Di Gianni,
lawyers)

Defendants: Council of the European Union (represented by G.
Maganza,
J. Huber, F. Ruggeri Laderchi and S. Marquardt,
acting as Agents) and Commission of the European Commu-
nities (represented initially by P. Kuijper, L. Gussetti, V. Di
Bucci, C. Brown and E. Righini, and subsequently by P. Kuijper,
L. Gussetti, V. Di Bucci 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)

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' stationary batteries, 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

Operative part of the judgment

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;

Judgment of the Court of First Instance of 14 December
2005 —Laboratoire du Bain v Council and Commission

(Case T-151/00) (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 48/41)

Language of the case: French

Parties

Applicant: Le Laboratoire du Bain (Nontron, France)
(repre-
sented by C. Lazarus, F. Prunet and L. Van den Hende, lawyers)

Defendants: Council of the European Union (represented by J.
Huber and F. Ruggeri Laderchi, acting as Agents) and Commis-
sion of the European Communities (represented initially by L.
Gussetti, V. Di Bucci, C. Brown, E. Righini and M. de Pauw,
and subsequently by P. Kuijper, L. Gussetti, V. Di Bucci, 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)

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 effervescent bath products,
as authorised by the Dispute Settlement Body of the World
Trade Organisation (WTO), following a finding that the Com-
munity regime governing the import of bananas was incompa-
tible with the agreements and understandings annexed to the
Agreement establishing the WTO

25.2.2006

EN

Official Journal of the European Union

C 48/23

Operative part of the judgment

The Court:

1) Dismisses the action;

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 247 of 26.8.2000.

2) Orders the Parliament to pay the applicant a sum corresponding
to the difference between the remuneration which he should have
received as an official in Grade A 2, Step 1, and that which he
received following his reinstatement in Grade LA 5, Step 3, for
the period 15 to 24 July 2000, plus default interest at the rate of
5.25 % per annum from the date on which the amounts making
up that sum were payable until such date as payment is actually
made. The rate of interest to be applied is calculated on the basis
of the rate set by the European Central Bank for main refinancing
operations applicable during the period concerned, plus
two
percentage points;

3) Declares the action for compensation inadmissible in so far as it
relates to reparation for the harm caused by conduct not entailing
a decision on the part of the EDD Group and of certain of its
members;

4) Dismisses the remainder of the application;

Judgment of the Court of First Instance of 8 December
2005 — Patrick Reynolds v European Parliament

5) Orders the parties to bear their own costs pertaining to all the

proceedings referred to in paragraph 213 above.

(Case T-237/00) (1)

(Officials — Secondment in the interests of the service —
Article 38 of the Staff Regulations — Political group —
Early termination of secondment — Rights of the defence —
Obligation to state reasons — Legitimate expectation —
Duty to have regard to the welfare of officials — Misuse of
powers — Action for annulment — Action for damages —
Setting aside in part of a judgment of the Court of First
Instance — Res judicata)

(2006/C 48/42)

Language of the case: French

Parties

Applicant: Patrick Reynolds (Brussels (Belgium)) (represented by:
P. Legros and S. Rodrigues, avocats)

Defendant: European Parliament
Hertzen and D. Moore, acting as Agents)

(represented by: H. von

Application for

the Parliament

first, annulment of the decision of 18 July 2000 of the Secre-
tary-General of
terminating the applicant's
secondment in the interests of the service to the political group
‘Europe of Democracies and Diversities’ and reinstating him in
the Directorate-General
for Information and Public relations
and, second, compensation for the harm sustained by the appli-
cant owing to the adoption of that decision by the defendant
and to the actions of the political group and of certain of its
members

Operative part of the judgment

The Court:

terminating the applicant's secondment

1) Annuls the decision of 18 July 2000 of the Secretary-General of
the Parliament
in the
interests of the service to the EDD political group and reinstating
him in the Directorate-General for Information and Public Rela-
tions in so far as that decision is applicable between 15 July
2000 and 24 July 2000;

(1) OJ C302 of 21. 10. 2000.

Judgment of the Court of First Instance of 14 December
2005 — Groupe Fremaux and Palais Royal v Council and
Commission

(Case T-301/00) (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 48/43)

Language of the case: French

Parties

Applicants: Groupe Fremaux SA (Paris, France) and Palais Royal
Inc. (Charlottesville, Virginia, United States) (represented by C.
Lazarus, F. Prunet and L. Van den Hende, lawyers)

Defendants: Council of the European Union (represented by J.
Huber, F. Ruggeri Laderchi and S. Marquardt, acting as Agents)
and Commission of the European Communities (represented
initially by E. Righini, L. Gussetti and M. de Pauw, and subse-
quently by P. Kuijper, V. Di Bucci, 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)