CELEX: 62008CJ0335
Language: en
Date: 2009-06-11 00:00:00
Title: Judgment of the Court (Third Chamber) of 11 June 2009. # Transports Schiocchet - Excursions SARL v Commission of the European Communities. # Appeal - Action for damages - Regulations (EEC) Nos 517/72 and 684/92 - International carriage of passengers by coach and bus - Conditions for the Community to incur non-contractual liability - Limitation period. # Case C-335/08 P.

Judgment of the Court (Third Chamber) of 11 June 2009 – Transports Schiocchet – Excursions v Commission
      (Case C‑335/08 P)
      Appeal – Action for damages – Regulations (EEC) Nos 517/72 and 684/92 – International carriage of passengers by coach and bus – Conditions for the Community to incur non-contractual liability – Limitation period
      1.                     Actions for damages – Limitation period – Interruption (Arts 235 EC and 288, second para., EC; Statute of the Court of Justice,
            Art. 46) (see paras. 30-31)
      2.                     Actions for damages – Limitation period – Point from which time starts to run – Liability for a legislative act (Arts 235
            EC and 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 32-35)
      Re: 
      
         Appeal against the order of the Court of First Instance (Fourth Chamber) of 19 May 2008 in Case T-220/07 
               Transport Schiocchet
                v 
               Commission
                by which that court dismissed as inadmissible, on the ground of limitation, the action brought by the appellant seeking a
                  declaration of non-contractual liability and compensation for harm sustained as a result of various illegal acts committed
                  by the Community institutions – Conditions for bringing an action for damages – Concepts of regular service and special regular
                  service within the meaning of Regulation (EEC) No 517/72 of the Council of 28 February 1972 on the introduction of common
                  rules for regular and special regular services by coach and bus between Member States (OJ English Special Edition 1972(I),
                  p. 143), repealed and replaced by Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international
                  carriage of passengers by coach and bus (OJ 1992 L 74, p. 1).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Transports Schiocchet – Excursions SARL to pay the costs.