Non Customs Union contractual liability Sufficiently serious breach of a rule of law conferring rights on individuals Proof of the Community nature of products of sea fishing Submission of certain documents as proof not possible Liability of the Community in the absence of unlawful conduct by its bodies
Sumário
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.
Texto da decisão
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. |