Principle of proportionality Action for annulment Action for damages No need to adjudicate Principle of protection of legitimate expectations Animal health Protective measures Decision 2007/362/EC Duty of care Right to property and right to carry on economic activity
Sumário
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.
Texto da decisão
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.