CELEX: 62007CO0100
Language: en
Date: 2007-10-04 00:00:00
Title: Order of the Court (Third Chamber) of 4 October 2007. # É. R., O. O., J. R. and Others v Council of the European Union and 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. # Case C-100/07 P.

Order of the Court (Third Chamber) of 4 October 2007 – É.R. and Others v Council and Commission
      (Case C‑100/07 P)
      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
      1.                     Non-contractual liability – Conditions (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see para. 27)
      2.                     Appeals – Grounds – Plea against a ground of the judgment not necessary to support the operative part – Invalid plea in law
            (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 40)
      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: 
      
         
                   
               
               
                  
               
               
                  The appeal is dismissed.
               
            
         
                   
               
               
                  
               
               
                  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.