Case C-255/06 P: Appeal brought on 6 June 2006 by Yedas Tarim ve Otomotiv Sanayi ve Ticaret AŞ against the judgment of the Court of First Instance (Fifth Chamber) delivered on 30 March 2006 in Case T-367/03: Yedas Tarim ve Otomotiv Sanayi ve Ticaret AS v Council of the European Union and Commission of the European Communities
Date: 2006-09-02
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, Türkiye, action for annulment (EU), appeal, association agreement (EU), competition, motor vehicle industry

C 212/14

EN

Official Journal of the European Union

2.9.2006

Appeal brought on 6 June 2006 by Yedas Tarim ve
Otomotiv Sanayi ve Ticaret AŞ against the judgment of
the Court of First Instance (Fifth Chamber) delivered on
30 March 2006 in Case T-367/03: Yedas Tarim ve
Otomotiv Sanayi ve Ticaret AS v Council of the European
Union and Commission of the European Communities

Finally the Applicant submits that the Court of First Instance
erred in its legal assessment that there was no causal
link
between the alleged unlawful conduct of the Community insti-
tution and the alleged damage suffered.

(Case C-255/06 P)

(2006/C 212/23)

Language of the case: English

Parties

Appellant: Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ
(represented by: S. Sariibrahimoglu and R. Sinner, avocats)

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

Form of order sought

The Applicant claims that the Court should:

— Set aside the judgment of the Court of First Instance (Fifth
in the matter of Yedas v. Commission and

Chamber)
Council (Case T-367/03) in its entirety,

— Refer the case of Yedas back to the Court of First Instance

to review the case,

— Grant an oral procedure,

— Award costs to the Applicant.

Pleas in law and main arguments

The applicant submits that the Court of First Instance erred in
law by failing to give the Association Agreement between
Turkey and the European Economic Community (‘the Ankara
Agreement’) and Protocols any proper legal significance or
effect, contrary to the settled case-law of the European Court of
Justice and by wrongly determining that the principles and
rules contained in the Ankara Agreement and protocols are not
such as to constitute legal norms against which acts of the
Community institutions can be measured. According to the
Applicant the provisions of the Ankara Agreement are directly
applicable and capable of conferring rights upon individuals.

Reference for a preliminary ruling from the Corte
Suprema di Cassazione (Italy) lodged on 13 June 2006 —
Roby Profumi Srl v Comune di Parma

(Case C-257/06)

(2006/C 212/24)

Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings

Applicant: Roby Profumi Srl

Defendant: Comune di Parma

Question referred

Is Article 10(8) of Law No 713/1986, as amended by Article
9(4) of Legislative Decree No 126/1997, compatible with
Article 28 of
the EC Treaty and Article 7 of Directive
76/768/EEC (1), as amended by Directive 93/35/EEC (2)?

(1) OJ L 262 of 27.9.1976.
(2) OJ L 151 of 23.6.1993.

References for a preliminary ruling from the Cour d'appel
de Montpellier (France) lodged on 15 June 2006 — Daniel
Pierre Raymond Escalier and Jean Louis François Bonnarel
v Ministère public

(Case C-260/06 — Case C-261/06)

(2006/C 212/25)

Language of the case: French

The Applicant also submits that the Court of First Instance
erred in law by failing to examine the argument
the
Republic of Turkey was eligible to be treated, in the matter of
assistance, on a par with States such as Spain, Portugal and
Greece and by holding that the Community institutions had no
duty to act with respect to the position of Greece in respect of
allocation of financial support to Turkey.

that

Referring court

Cour d'appel de Montpellier

(3rd Criminal Chamber)