Case T-320/00: Judgment of the Court of First Instance of  14 December 2005  — CD Cartondruck 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, customs drawback, import policy, indemnification, packaging product, pulp and paper industry, tariff barrier, trade dispute, tropical fruit

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)