CELEX: 62004TA0457
Language: en
Date: 2008-10-15 00:00:00
Title: Joined Cases T-457/04 and T-223/05: Judgment of the Court of First Instance of 15 October 2008 — Camar v Commission (Common organisation of the markets — Bananas — Transitional measures — Article 30 of Council Regulation (EEC) No 404/93 — Judgment finding that the Commission had failed to act — Failure to give effect to a judgment of the Court — Action for annulment — Application for an order that effect be given to the judgment by way of financial equivalent — Compensation for non-material damage — Unlawful failure to act on the part of the Commission — Action for damages — Suspension of the limitation period — Article 46 of the Statute of the Court of Justice — Inadmissibility)

6.12.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/27
            
         Judgment of the Court of First Instance of 15 October 2008 — Camar v Commission
   (Joined Cases T-457/04 and T-223/05) (1)
   
   (Common organisation of the markets - Bananas - Transitional measures - Article 30 of Council Regulation (EEC) No 404/93 - Judgment finding that the Commission had failed to act - Failure to give effect to a judgment of the Court - Action for annulment - Application for an order that effect be given to the judgment by way of financial equivalent - Compensation for non-material damage - Unlawful failure to act on the part of the Commission - Action for damages - Suspension of the limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility)
   (2008/C 313/46)
   Language of the case: Italian
   Parties
   
      Applicant: Camar Srl (Florence, Italy) (represented by: W. Viscardini, S. Donà and M. Paolin, lawyers)
   
      Defendant: Commission of the European Communities (represented initially by: L. Visaggio, later by F. Clotuche-Duvieusart, agents, assisted by A. Dal Ferro, lawyer)
   Re:
   In Case T-457/04, application, first, for annulment of the Commission's decision not to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T-79/96, T-260/97 and T-117/98 [2000] ECR II-2193), contained in the letter of 10 September 2004, secondly, for an order that the Commission give effect to paragraph 1 of the operative part of the abovementioned judgment in Camar and Tico v Commission and Council by the financial equivalent of the value of the certificates that it has not issued and, thirdly, for an order that the Commission pay compensation for non-material loss, and in Case T-223/05, application for an order that the Commission pay compensation, on the basis of the non-contractual liability of the European Community, for the loss which the applicant has suffered.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               annuls the decision of the Commission contained in the letter of 10 September 2004 from the Director General of the Directorate General ‘Agriculture’ refusing to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T-79/96, T-260/97 and T-117/98 [2000] ECR II-2193);
            
         
               2.
            
            
               for the rest, dismisses the action in Case T-457/04 as unfounded;
            
         
               3.
            
            
               dismisses the action in T-223/05 as inadmissible;
            
         
               4.
            
            
               in Case T-457/04, orders Camar Srl and the Commission each to bear half of their own costs and to pay half of the costs of the other party;
            
         
               5.
            
            
               in Case T-223/05, orders Camar Srl to bear its own costs and to pay the Commission's costs.
            
         
      (1)  OJ C 31, 5.2.2005.