CELEX: 62004TO0004(01)
Language: en
Date: 2006-06-09 00:00:00
Title: Order of the Court of First Instance (Second Chamber) of 9 June 2006. # R. K. Achaiber Sing v Commission of the European Communities. # Non-contractual liability of the Community - Animal health - Requirements for the import of birds - Agreement on the application of health and phytosanitary measures - Compensation for damage - Partial inadmissibility - Action manifestly lacking any foundation in law # Case T-4/04.

Order of the Court of First Instance (Second Chamber) of 9 June 2006 – Achaiber Sing v Commission
      (Case T-4/04)
      Non-contractual liability of the Community – Animal health – Requirements for the import of birds – Agreement on the application of health and phytosanitary measures – Compensation for damage – Partial inadmissibility – Action manifestly lacking any foundation in law
      1.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21, first para.;
            Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 25-29)
      2.                     Non-contractual liability – Conditions – Illegality – Damage – Causal link (Art. 288, second para., EC; Rules of Procedure
            of the Court of First Instance, Art. 44(1)(e)) (see paras 32-33, 36-38)
      Re: 
      
         
               ACTION for compensation for the damage allegedly suffered by the applicant owing to the application of Commission Decision
                  2000/666/EC of 16 October 2000 laying down the animal health requirements and the veterinary certification for the import
                  of birds, other than poultry, and the conditions for quarantine (OJ 2000 L 278, p. 26).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  Orders the applicant to pay the costs incurred by the Commission, including those relating to the plea of inadmissibility.