CELEX: C2005/217/99
Language: en
Date: 2005-09-03 00:00:00
Title: Case T-223/05: Action brought on 8 June 2005 by CAMAR Srl against the Commission of the European Communities

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/45
            
         Action brought on 8 June 2005 by CAMAR Srl against the Commission of the European Communities
   (Case T-223/05)
   (2005/C 217/99)
   Language of the case: Italian
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 June 2005 by CAMAR Srl, established in Florence, represented by Wilma Viscardini, Simonetta Donà and Mariano Paolin, lawyers, for an order against the Commission to pay damages in accordance with the criteria proposed by the applicant or other criteria which the Court considers more appropriate in the light of the judgment in Case T-260/97.
   The applicant claims that the Court should:
   
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               order the European Commission to compensate the applicant for the damage suffered as a result of the unlawful failure by the Commission to take the measures necessary within the meaning of Article 30 of Council Regulation No 404/93, as held by the Court in its judgment of 8 June 2000 in Case T-79/96, in accordance with the criteria proposed by the applicant or other criteria which the Court considers more appropriate in the light of the judgment in Case T-260/97;
            
         
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               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   By the present action, the applicant seeks an order against the Commission to pay compensation for the damage suffered by it, already pleaded in Case T-79/96 CAMAR v Commission. (1)
   
   It must be noted that in that case it was held by the Court that even though the defendant had acted unlawfully and therefore the action was admissible in so far as the declaration for failure to act was concerned, the action for compensation was inadmissible owing to the impossibility, at that time, of quantifying the extent of the future damage.
   The pleas and main arguments are, for the most part, the same as those relied on in the case cited above and in Case T-457/04 CAMAR v Commission. (2)
   
   
      (1)  Joined Cases T-79/96, T-260/97 and T-117/98 [2000] ECR II-2173.
   
      (2)  OJ C 31 of 5.2.2005, p. 28.