Joined Cases T-457/04 and T-223/05: Judgment of the Court of First Instance of 15 October 2008 — Camar v Commission (Common organisation of the markets — Bananas — Transitional measures — Article 30 of Council Regulation (EEC) No 404/93 — Judgment finding that the Commission had failed to act — Failure to give effect to a judgment of the Court — Action for annulment — Application for an order that effect be given to the judgment by way of financial equivalent — Compensation for non-material damage — Unlawful failure to act on the part of the Commission — Action for damages — Suspension of the limitation period — Article 46 of the Statute of the Court of Justice — Inadmissibility)
Date: 2008-10-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), action for failure to act, common organisation of markets, import, import licence, import policy, indemnification, tariff quota, tropical fruit

6.12.2008

EN

Official Journal of the European Union

C 313/27

Judgment of the Court of First Instance of 15 October
2008 — Camar v Commission

2.

for the rest, dismisses the action in Case T-457/04 as unfounded;

(Joined Cases T-457/04 and T-223/05) (1)

(Common organisation of the markets — Bananas — Transi-
tional measures — Article 30 of Council Regulation (EEC)
No 404/93 — Judgment finding that the Commission had
failed to act — Failure to give effect to a judgment of the
Court — Action for annulment — Application for an order
that effect be given to the judgment by way of financial
equivalent — Compensation for non-material damage —
Unlawful failure to act on the part of the Commission —
Action for damages — Suspension of the limitation period —
Justice —
Article 46 of

the Statute of

the Court of

3. dismisses the action in T-223/05 as inadmissible;

4.

in Case T-457/04, orders Camar Srl and the Commission each to
bear half of their own costs and to pay half of the costs of the
other party;

5.

in Case T-223/05, orders Camar Srl to bear its own costs and to
pay the Commission's costs.

(1) OJ C 31, 5.2.2005.

Inadmissibility)

(2008/C 313/46)

Language of the case: Italian

Judgment of the Court of First Instance of 15 October
2008 — Mote v Parliament

Parties

(Case T-345/05) (1)

Applicant: Camar Srl (Florence, Italy) (represented by: W. Viscar-
dini, S. Donà and M. Paolin, lawyers)

(Privileges and immunities — Member of

the European

Parliament — Waiver of immunity)

Defendant: Commission of the European Communities (repre-
sented initially by: L. Visaggio, later by F. Clotuche-Duvieusart,
agents, assisted by A. Dal Ferro, lawyer)

(2008/C 313/47)

Language of the case: English

Re:

Parties

first,

for annulment of

In Case T-457/04, application,
the
Commission's decision not to give effect to paragraph 1 of the
operative part of the judgment of the Court of 8 June 2000,
Camar and Tico v Commission and Council (Joined Cases T-79/96,
T-260/97 and T-117/98 [2000] ECR II-2193), contained in the
letter of 10 September 2004, secondly, for an order that the
Commission give effect to paragraph 1 of the operative part of
the abovementioned judgment in Camar and Tico v Commission
and Council by the financial equivalent of the value of the certifi-
cates that it has not issued and, thirdly, for an order that the
Commission pay compensation for non-material
loss, and in
Case T-223/05, application for an order that the Commission
pay compensation, on the basis of the non-contractual liability
of the European Community, for the loss which the applicant
has suffered.

Operative part of the judgment

The Court:

Applicant: Ashley Neil Mote (represented by: J. Lofthouse and C.
Hayes, Barristers, and M. Monan, Solicitor)

Defendant: European Parliament (represented by: H. Krück, D.
Moore and M. Windisch, acting as Agents)

Re:

Application for the annulment of the decision of the Parliament
of 5 July 2005 waiving the applicant's parliamentary immunity.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ashley Neil Mote to bear his own costs and to pay those of

the European Parliament.

1. annuls the decision of the Commission contained in the letter of
10 September 2004 from the Director General of the Directorate
General ‘Agriculture’ refusing to give effect to paragraph 1 of the
the Court of 8 June 2000,
operative part of
Camar and Tico v Commission and Council
(Joined Cases
T-79/96, T-260/97 and T-117/98 [2000] ECR II-2193);

the judgment of

(1) OJ C 296, 26.11.2005.