Case T-69/00: Judgment of the Court of First Instance of  14 December 2005  — FIAMM and FIAMM Technologies 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, tariff barrier, telecommunications equipment, telecommunications industry, 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