(Case C‑255/06 P)

Appeal – International agreements – EEC-Turkey Association Agreement – Customs Union between the European Community and Turkey – Compensatory financial aid

1. International agreements – Agreements concluded by the Community – Direct effect – Conditions – Articles 2(1), 3(1), and 6 of the EEC-Turkey Association Agreement and preamble to the additional protocol (EEC-Turkey Association Agreement, Arts 2(1), 3(1) and 6; Additional Protocol to the EEC-Turkey Association Agreement) (see paras 36-40)

3. Non-contractual liability – Conditions – Illegality (Arts 226 EC and 288, second para., EC) (see para. 48)

4. Non-contractual liability – Conditions – Causal link (Art. 288, second para., EC) (see para. 61)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 30 March 2006 in Case T-367/03 Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ v Council of the European Union and Commission of the European Communities, in which the Court of First Instance dismissed, as being unfounded, an action seeking to recover compensation in respect of damage allegedly suffered by the appellant as a result of the respondent institutions’ failure to comply with the obligations laid down in the provisions governing the Customs Union between the European Union and Turkey, in particular the obligation to provide financial aid for the purpose of offsetting the negative effects of the Customs Union on the Turkish economy.

Operative part:

The appeal is dismissed.

Yedaş Tarim ve Otomotiv Sanayi ve Ticaret AŞ is ordered to pay the costs.