Acórdão do Tribunal Geral da União Europeia
Processo T-457/04

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.