CELEX: C2006/331/69
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-138/03: Judgment of the Court of First Instance of 13 December 2006 — É.R. and Others v Council and Commission (Common Agricultural Policy — Animal health — Bovine spongiform encephalopathy ( mad cow disease ) — New variant of Creutzfeldt-Jakob disease — Action for damages — Non-contractual liability — Liability of the Community in the absence of wrongful conduct on the part of its bodies — Loss — Causation — Procedural defects — Parallel proceedings before national courts — Limitation — Inadmissibility)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/31
            
         Judgment of the Court of First Instance of 13 December 2006 — É.R. and Others v Council and Commission
   (Case T-138/03) (1)
   
   (Common Agricultural Policy - Animal health - Bovine spongiform encephalopathy (‘mad cow disease’) - New variant of Creutzfeldt-Jakob disease - Action for damages - Non-contractual liability - Liability of the Community in the absence of wrongful conduct on the part of its bodies - Loss - Causation - Procedural defects - Parallel proceedings before national courts - Limitation - Inadmissibility)
   (2006/C 331/69)
   Language of the case: French
   Parties
   
      Applicants: É.R., O.O., J.R., A.R., B.P.R. (Vaulx-en-Velin, France); T.D., J.D., D.D., V.D. (Palaiseau, France); D.E., É.E. (Ozoir-la-Ferrière; France); C.R. (Vichy, France); H.R., M.S.R., I.R., B.R., M.R. (Pau, France); and C.S. (Paris, France) (represented by: F. Honnorat, lawyer)
   
      Defendants: Council of the European Union (initially represented by: M. Balta and F. Ruggeri Laderchi, and later by: M. Balta and F. Florindo Gijón, Agents) and Commission of the European Communities (initially represented by: D. Booss and G. Berscheid, and later by: G. Berscheid and T. van Rijn, Agents)
   Re:
   Actions for damages pursuant to Article 235 EC and the second paragraph of Article 288 EC seeking compensation for the damage allegedly suffered by the applicants 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 are responsible.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the application as inadmissible in relation to É.R., O.O., J.R., A.R. and B.P.R.;
            
         
               2.
            
            
               Dismisses the application as unfounded as to the remainder;
            
         
               3.
            
            
               Orders the applicants to pay three-quarters of the costs and the Council and the Commission to pay one-quarter of the costs.
            
         
      (1)  OJ C 158, 5.7.2003. This case was previously cited as U. and Others v Council and Commission.