CELEX: C2007/315/43
Language: en
Date: 2007-12-22 00:00:00
Title: Case C-100/07 P: Order of the Court of 4 October 2007 — É.R. and Others v Council of the European Union, Commission of the European Communities (Appeal — Non-contractual liability of the Community — Bovine spongiform encephalopathy — Lack of adequate measures taken by the Council and the European Commission to prevent the spread of the disease — Appeal manifestly unfounded)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/24
            
         Order of the Court of 4 October 2007 — É.R. and Others v Council of the European Union, Commission of the European Communities
   (Case C-100/07 P) (1)
   
   (Appeal - Non-contractual liability of the Community - Bovine spongiform encephalopathy - Lack of adequate measures taken by the Council and the European Commission to prevent the spread of the disease - Appeal manifestly unfounded)
   (2007/C 315/43)
   Language of the case: French
   Parties
   
      Applicant: É.R., O.O., J.R., A.R., B.P.R., T.D., J.D., D.D., V.D.; D.E., É.E., C.R.; H.R., M.S.R., I.R., B.R., M.R. and C.S. (represented by: F. Honnorat, lawyer)
   
      Other parties to the proceedings: Council of the European Union (represented by: F. Florindo Gijón and Z. Kupčová, Agents), Commission of the European Communities (represented by: T. van Rijn and G. Berscheid, lawyers)
   Re:
   Appeal against the judgment of the Court of First Instance (First Chamber) of 13 December 2006 in Case T-138/03 É.R. and Others v Council and Commission, by which the Court dismissed as partially inadmissible and, for the remainder, as unfounded, the action brought by the applicants seeking compensation under Article 235 EC and the second paragraph of Article 288 EC for the damage allegedly suffered as a consequence of the infection and subsequent death of members of their families who suffered from a new variant of Creutzfeldt-Jakob disease, which was linked to the outbreak and spread in Europe of bovine spongiform encephalopathy, for which the Council and the Commission were allegedly responsible — Conditions giving rise to non contractual liability of the Communities
   Operative part of the order
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               É.R., O.O., J.R., A.R., B.P.R., T.D., J.D., D.D., V.D.; D.E., É.E.; C.R.; H.R., M.S.R., I.R., B.R., M.R.; and C.S are ordered to pay the costs.
            
         
      (1)  OJ C 129 of 9.6.2007.