CELEX: 62007TJ0238
Language: en
Date: 2009-07-09 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2009.#Ristic AG and Others v Commission of the European Communities.#Animal health - Protective measures - Decision 2007/362/EC - Action for annulment - No need to adjudicate - Action for damages - Principle of proportionality - Principle of protection of legitimate expectations - Duty of care - Right to property and right to carry on economic activity.#Case T-238/07.

Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2009 – Ristic and Others v Commission
      (Case T-238/07)
      Animal health – Protective measures – Decision 2007/362/EC – Action for annulment – No need to adjudicate – Action for damages – Principle of proportionality – Principle of protection of legitimate expectations – Duty of care – Right to property and right to carry on economic activity
      1.                     Actions for annulment – Interest in bringing proceedings (Art. 230 EC) (see paras 37-39)
      2.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Art. 21; Rules of Procedure
            of the Court of First Instance, Art. 44(1)(c)) (see paras 51-52)
      3.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 55-56)
      4.                     Agriculture – Approximation of laws on animal health – Control measures to be implemented in relation to certain substances
            and their residues in live animals and their products – Directive 96/23 (Council Directive 96/23; Commission Decision 2007/362)
            (see paras 58-60, 66-68, 74, 76-82)
      5.                     Agriculture – Approximation of laws on animal health – Control measures to be implemented in relation to certain substances
            and their residues in live animals and their products – Directive 96/23 (Council Directive 96/23; Commission Decision 2007/362)
            (see paras 85-91)
      6.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 92-93)
      Re:
      
         
               First, application for annulment of Commission Decision 2007/362/EC of 16 May 2007 amending Decision 2004/432/EC on the approval
                  of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ 2007 L 138, p. 18),
                  and, second, application for damages. 
               
            
         
               Operative part 
            The Court:
      1.         Declares that there is no need to adjudicate on the application for annulment;
      2.         Dismisses the action as to the remainder;
      3.         Orders Ristic AG, Piratic Meeresfrüchte Import GmbH, Prime Catch Seafood GmbH and Rainbow Export Processing, SA to pay the
         costs, including those of the interlocutory proceedings.