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Order of the Court (Eighth Chamber) of 12 May 2010. # Pigasos Alieftiki Naftiki Etaireia v Council of the European Union and European Commission. # 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. # Case C-451/09 P.

ECLI:EU:C:2010:268

62009CO0451

May 12, 2010
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(Case C‑451/09 P)

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).

Operative part:

The Court:

1.Dismisses the appeal;

2.Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.

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