CELEX: 62009CO0451
Language: en
Date: 2010-05-12 00:00:00
Title: Order of the Court (Eighth Chamber) of 12 May 2010. # Pigasos Alieftiki Naftiki Etaireia v Council of the European Union and European Commission. # Appeal - Non-contractual liability - Proof of Community origin of products fished by a vessel owned by a company registered under Greek law - Failure to adopt provisions permitting the customs authorities of the Member States to accept documents issued by a non-Member State, other than form T2M. # Case C-451/09 P.

Order of the Court (Eighth Chamber) of 12 May 2010 – Pigasos Alieftiki Naftiki Etaireia v Council and Commission
      (Case C‑451/09 P)
      Appeal – Non-contractual liability – Proof of Community origin of products fished by a vessel owned by a company registered under Greek law – Failure to adopt provisions permitting the customs authorities of the Member States to accept documents issued by a non-Member
         State, other than form T2M
      
      1.                     Non-contractual liability – Conditions – Legislative measure involving choices of economic policy – Sufficiently established
            breach of a superior rule of law conferring rights on individuals – Requirement of manifest, grave disregard of the limits
            of the broad discretion enjoyed by the Union legislature (Art. 340(2) TFEU) (see paras 20-25)
      2.                     Appeals – Grounds – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense
            of the evidence has been distorted (see para 30)
      3.                     Appeals – Grounds – Plea directed at a ground of the judgment not necessary to support the operative part – Ineffective plea
            in law (see para 38)
      4.                     Non-contractual liability – Conditions – Damage – Duty of the person injured to show reasonable diligence in order to limit
            the extent of the damage (Art. 340(2) TFEU) (see paras 39-40)
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-162/07 
               Pigasos Alieftiki Naftiki Etairia
                v 
               Council and Commission
               , in which that Court dismissed an action for damages to compensate for the damage alleged to have been suffered by the applicant
                  as a result of the fact that the Council and the Commission did not adopt provisions enabling the customs authorities of a
                  Member State, in this case the Greek customs authorities, to accept as proof of the Community nature of products fished by
                  a Greek vessel belonging to the applicant documents issued by a third State other than the T2M form provided for in Commission
                  Regulation (EEC) No 2454/93 of 2 July 1993 (OJ 1993 L 253, p. 1).
               
            Operative part:
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.