CELEX: 62004TJ0457
Language: en
Date: 2008-10-15 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008.#Camar Srl v Commission of the European Communities.#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.#Joined cases T-457/04 and T-223/05.

Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – Camar v Commission
      (Joined Cases T-457/04 and T-223/05)
      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
      1.                     Actions for annulment – Judgment annulling a measure – Effects – Obligation to implement (Arts 230 EC, 232 EC, 233 EC and
            288, para. 2, EC) (see paras 39-41, 49-50)
      2.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Failure to fulfil the obligation to implement
            an annulling judgment (Art. 288, para. 2, EC) (see paras 57-58, 60-62)
      3.                     Actions for damages – Time-limit for instituting proceedings – Limitation period of five years (Art. 288, para. 2, EC; Statute
            of the Court of Justice, Art. 46) (see paras 75, 77, 79-80)
      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
      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 Case 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.