CELEX: 62006CO0255
Language: en
Date: 2007-07-05 00:00:00
Title: Order of the Court (Second Chamber) of 5 July 2007. # Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ v Council of the European Union and Commission of the European Communities. # Appeal - International agreements - EEC-Turkey Association Agreement - Customs Union between the European Community and Turkey - Compensatory financial aid. # Case C-255/06 P.

Order of the Court (Second Chamber) of 5 July 2007 – Yedaș Tarim ve Otomotiv Sanayi ve Ticaret v Council and Commission
      (Case C‑255/06 P)
      Appeal – International agreements – EEC-Turkey Association Agreement – Customs Union between the European Community and Turkey – Compensatory financial aid
      1.                     International agreements – Agreements concluded by the Community – Direct effect – Conditions – Articles 2(1), 3(1), and 6
            of the EEC-Turkey Association Agreement and preamble to the additional protocol (EEC-Turkey Association Agreement, Arts 2(1),
            3(1) and 6; Additional Protocol to the EEC-Turkey Association Agreement) (see paras 36-40)
      2.                     Appeals – Grounds – Error of law relied on not identified – Inadmissible (Art. 225 EC; Rules of Procedure of the Court of
            Justice, Art. 112(1)(c)) (see paras 46, 52, 56-57, 64)
      3.                     Non-contractual liability – Conditions – Illegality (Arts 226 EC and 288, second para., EC) (see para. 48)
      4.                     Non-contractual liability – Conditions – Causal link (Art. 288, second para., EC) (see para. 61)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 30 March 2006 in Case T-367/03 
               Yeda
               ş
                Tarim ve Otomotiv Sanayi ve Ticaret AŞ 
               v 
               Council of the European Union and Commission of the European Communities, 
               in which the Court of First Instance dismissed, as being unfounded, an action seeking to recover compensation in respect of
                  damage allegedly suffered by the appellant as a result of the respondent institutions’ failure to comply with the obligations
                  laid down in the provisions governing the Customs Union between the European Union and Turkey, in particular the obligation
                  to provide financial aid for the purpose of offsetting the negative effects of the Customs Union on the Turkish economy.
               
            Operative part: 
      
         
                   
               
               
                  
               
               
                  The appeal is dismissed.
               
            
         
                   
               
               
                  
               
               
                  Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ is ordered to pay the costs.