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Appeal – Non-contractual liability – Proof of Community origin of products fished by a vessel owned by a company registered under Greek law – Failure to adopt provisions permitting the customs authorities of the Member States to accept documents issued by a non-Member State, other than form T2M
3. Appeals – Grounds – Plea directed at a ground of the judgment not necessary to support the operative part – Ineffective plea in law (see para 38)
Re:
Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-162/07 Pigasos Alieftiki Naftiki Etairia v Council and Commission, in which that Court dismissed an 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, in this case the Greek customs authorities, to accept as proof of the Community nature of products fished by a Greek vessel belonging to the applicant documents issued by a third State other than the T2M form provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 (OJ 1993 L 253, p. 1).
The Court:
1.Dismisses the appeal;
2.Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.