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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.
ECLI:EU:T:2009:263
62007TJ0238
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(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)
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)
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.