CELEX: C2006/212/23
Language: en
Date: 2006-09-02 00:00:00
Title: 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

2.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/14
            
         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
   (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:
   
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               Set aside the judgment of the Court of First Instance (Fifth Chamber) in the matter of Yedas v. Commission and 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.
   The Applicant also submits that the Court of First Instance erred in law by failing to examine the argument that 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.
   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 institution and the alleged damage suffered.