Case C-121/06 P: Appeal brought on  1 March 2006  by Giorgio Fedon & Figli SpA and Fedon America Inc. against the judgment delivered on  14 December 2005  in Case T-135/01 Girogio Fedon & Figli SpA, Fedon America Inc. v Commission of the European Communities and Council of the European Union
Date: 2006-05-06
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, United States, appeal to the Court (EU), customs duties, export (EU), import policy, indemnification, trade dispute, tropical fruit

6.5.2006

EN

Official Journal of the European Union

C 108/7

Other parties to the proceedings: Council of the European Union
and Commission of the European Communities

Other parties to the proceedings: Commission of the European
Communities and Council of the European Union

Form of order sought

Form of order sought

— On the basis that the state of the proceedings so permits,
give a substantive ruling confirming the appellants' entitle-
ment to compensation arising out of the defendants' liabi-
lity for an unlawful act or for a lawful act;

— in any event, order the defendants to pay the costs both of
these proceedings and those before the Court of First
Instance;

— in the alternative, grant the appellants fair compensation as
a result of the unreasonable length of the procedure before
the Court of First Instance;

— grant such further and other relief as fairness might require.

Pleas in law and main arguments

The appellants submit that the judgment under appeal is defec-
tive in that it fails totally to state grounds concerning one of
the principal arguments raised, namely, that in the specific
factual circumstances of the case, the appellants are entitled to
rely on the decision adopted by the Appeal Board of the World
Trade Organisation to establish unlawful conduct on the part
of the Community for the purpose of their claim for compensa-
tion.

— set aside the judgment of the Court of First Instance of 14

December 2005;

— on the basis that the state of the proceedings so permits,
give a substantive ruling confirming the appellants' entitle-
ment to compensation arising out of the defendants' liabi-
lity for an unlawful act or for a lawful act;

— in any event, order the defendants to pay the costs both of
these proceedings and those before the Court of First
Instance;

— in the alternative, grant the appellants fair compensation as
a result of the unreasonable length of the procedure before
the Court of First Instance;

— grant such further and other relief as equity might require.

Pleas in law and main arguments

The appellants submit that the judgment under appeal is defec-
tive in that it fails totally to state any grounds concerning one
of the principal arguments raised, namely, that in the specific
factual circumstances of the case, the appellants are entitled to
rely on the decision adopted by the Appeal Board of the World
Trade Organisation to establish unlawful conduct on the part
of the Community for the purposes of their claim for compen-
sation.

Appeal brought on 1 March 2006 by Giorgio Fedon &
Figli SpA and Fedon America Inc. against the judgment
delivered on 14 December 2005 in Case T-135/01 Girogio
Fedon & Figli SpA, Fedon America Inc. v Commission of
the European Communities and Council of the European
Union

Appeal brought on 1 March 2006 by Commission of the
European Communities against the judgment delivered on
15 December 2005 in Case T-33/01 Infront WM AG
(formerly Kirchmedia WM AG) v Commission of the EC

(Case C-121/06 P)

(2006/C 108/11)

Language of the case: Italian

(Case C-125/06 P)

(2006/C 108/12)

Language of the case: English

Parties

Parties

Appellants:Girogio Fedon & Figli SpA, Fedon America In. (repre-
sented by: I. Van Bael, A. Cevese, F. Di Gianni and R. Antonini,
Avvocati)

Appellant: Commission of the European Communities (repre-
sented by: K. Banks and M. Huttunen, Agents)