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Judgment of the Court (First Chamber) of 28 February 2013 — Inalca SpA — Industria Alimentari Carni, Cremonini SpA v European Commission Case C-460/09 P) (Appeal — Non-contractual liability of the European Union — Finding of irregularities in the refunds for beef and veal exported to Jordan — OLAF investigation — Communication of OLAF’s findings to the national authorities — Provision of guarantees — Claim for the reimbursement of the related costs — Causal link — Cross-appeal — Limitation period — Point from which time starts to run)
ECLI:EU:UNKNOWN:62009CA0460
62009CA0460
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Official Journal of the European Union
C 114/5
Case C-460/09 P) (<a id="ntc1-C_2013114EN.01000501-E0001" href="#ntr1-C_2013114EN.01000501-E0001"> (<span class="super">1</span>)</a>
(Appeal - Non-contractual liability of the European Union - Finding of irregularities in the refunds for beef and veal exported to Jordan - OLAF investigation - Communication of OLAF’s findings to the national authorities - Provision of guarantees - Claim for the reimbursement of the related costs - Causal link - Cross-appeal - Limitation period - Point from which time starts to run)
2013/C 114/03
Language of the case: Italian
Parties
Appellants: Inalca SpA — Industria Alimentari Carni, Cremonini SpA (represented by: F. Sciaudone and C. D’Andria, avvocati)
Other party to the proceedings: European Commission (represented by: V. Di Bucci and P. Rossi, Agents)
Re:
Appeal against the order of 4 September 2009 in Case T-174/06 Inalca and Cremonini v Commission by which the by which the Court of First Instance (now the General Court) (Sixth Chamber) dismissed an action seeking to establish non-contractual liability by which compensation was sought for the damage purportedly suffered by the appellants following the communication to the Italian authorities of findings which cast doubts upon the appellants in the context of an investigation conducted by the European Anti-Fraud Office (OLAF) with a view to determining the lawfulness of a number of export refunds relating to beef and veal exported to Jordan.
Operative part of the judgment
The Court:
1.Dismisses the main appeal and the cross-appeal;
2.Orders Inalca SpA — Industria Alimentari Carni and Cremonini SpA to pay the costs relating to the main appeal;
3.Orders the European Commission to pay the costs relating to the cross-appeal.
(<a id="ntr1-C_2013114EN.01000501-E0001" href="#ntc1-C_2013114EN.01000501-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2010:024:TOC">OJ C 24, 30.1.2010</a>.)