CELEX: 62007TJ0162
Language: en
Date: 2009-09-16 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009. # Pigasos Alieftiki Naftiki Etaireia v Council of the European Union and Commission of the European Communities. # Non-contractual liability - Customs union - Proof of the Community nature of products of sea-fishing - Submission of certain documents as proof not possible - Sufficiently serious breach of a rule of law conferring rights on individuals - Liability of the Community in the absence of unlawful conduct by its bodies. # Case T-162/07.

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Pigasos Alieftiki Naftiki Etaireia v Council
            and Commission
      (Case T-162/07)
      Non‑contractual liability – Customs union – Proof of the Community nature of products of sea-fishing – Submission of certain documents as proof not possible – Sufficiently serious breach of a rule of law conferring rights on individuals – Liability of the Community in the absence of unlawful conduct by its bodies
      1.                     Non-contractual liability – Conditions – Sufficiently serious breach of a rule of law intended to confer rights on individuals
            (Art. 288, second para., EC) (see paras 45-47)
      2.                     Non-contractual liability – Article 288, second para., EC – Scope (Art. 288, second para., EC) (see paras 74-77)
      Re:
      
         
               ACTION for damages to compensate for the damage alleged to have been suffered by the applicant as a result of the fact that
                  the Council and the Commission did not adopt provisions enabling the customs authorities of a Member State to accept as proof
                  of the Community nature of products of sea-fishing documents other than the T2M form provided for in Commission Regulation
                  (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing
                  the Community Customs Code (OJ 1993 L 253, p. 1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.