Avis juridique important

61972J0059

European Court reports 1973 Page 00791 Portuguese special edition Page 00305

Summary

LIABILITY ON THE PART OF THE COMMUNITY IN RESPECT OF DETRIMENT SUFFERED BY INDIVIDUALS AS THE RESULT OF A LEGISLATIVE MEASURE INVOLVING CHOICES AS TO ECONOMIC POLICY COULD ONLY BE INCURRED AS A RESULT OF A SUFFICIENTLY SERIOUS BREACH OF A MAJOR RULE OF LAW PROTECTING INDIVIDUALS.

IN CASE 59/72

WUENSCHE HANDELSGESELLSCHAFT, HAMBURG, REPRESENTED BY ITS ASSOCIATE BEARING PERSONAL LIABILITY, THE MANAGEMENT COMPANY LUDWIG WUENCHE MBH, ITSELF REPRESENTED BY ITS MANAGER, JAN-ONNE BODENSTAB, ASSISTED BY RECHTSANWAELTE MODEST, HEEMANN, GUENDISCH, RAUSCHNING, LANDRY, ROELL, FESTGE, AND HEEMANN OF THE HAMBURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICE OF FELICIEN JANSEN AND MME JEANNE JANSEN-HOUSSE, HUISSIERS DE JUSTICE, 21 RUE ALDRINGER, APPLICANT,

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, DR PETER GILSDORF, ACTING AS AGENT, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF THE LEGAL ADVISER OF THE COMMISSION, EMILE REUTER, 4 BOULEVARD ROYAL, DEFENDANT,

APPLICATION FOR THE PAYMENT OF DAMAGES UNDER THE SECOND PARAGRAPH OF ARTICLE 215, OF THE EEC TREATY, AS COMPENSATION FOR DAMAGE CAUSED BY REGULATION EEC NO 1643/71 OF THE COMMISSION INTRODUCING A SYSTEM OF MINIMUM PRICES FOR IMPORTS OF TOMATO CONCENTRATES FROM GREECE,

1 BY THIS APPLICATION, MADE ON 24 AUGUST 1972, WUENSCHE HANDELSGESELLSCHAFT OF HAMBURG REQUESTS THAT THE COMMISSION BE ORDERED TO PAY COMPENSATION FOR LOSSES WHICH IT CLAIMS TO HAVE SUFFERED FOLLOWING THE INTRODUCTION OF A SYSTEM OF MINIMUM PRICES FOR TOMATO CONCENTRATES IMPORTED FROM GREECE, ADOPTED BY REGULATION NO 1643/71 OF THE COMMISSION OF 28 JULY 1971, IN PARTICULAR ARTICLE 2;

2 THE APPLICANT FURTHER CLAIMS THAT THIS REGULATION IS ILLEGAL AND THAT BY ITS ENACTMENT, THE COMMISSION HAS MADE THE COMMUNITY LIABLE UNDER THE SECOND PARAGRAPH OF ARTICLE 215, OF THE EEC TREATY;

LIABILITY ON THE PART OF THE COMMUNITY IN RESPECT OF DETRIMENT SUFFERED BY INDIVIDUALS AS THE RESULT OF A LEGISLATIVE MEASURE INVOLVING CHOICES AS TO ECONOMIC POLICY COULD ONLY BE INCURRED AS A RESULT OF A SUFFICIENTLY SERIOUS BREACH OF A MAJOR RULE OF LAW PROTECTING INDIVIDUALS;

THE VALIDITY OF ARTICLE 2 OF REGULATION NO 1643/71 HAS ALREADY BEEN EXAMINED BY THE COURT IN CASE 40/72, ON A REQUEST FOR A PRELIMINARY RULING FROM THE ADMINISTRATIVE COURT ( VERWALTUNGSGERICHT ) OF FRANKFURT-AM-MAIN, IN PROCEEDINGS BETWEEN I . SCHROEDER KG, HAMBURG, AND THE FEDERAL REPUBLIC OF GERMANY CONCERNING THE SAME PLEAS AS IN THIS CASE;

3 IN NEVERTHELESS PURSUING THIS ACTION THE APPLICANT WISHED TO BRING EVIDENCE IN ADDITION TO THAT ALREADY PRODUCED IN CASE 40/72 AND TO STRESS CERTAIN POINTS WHICH IT CLAIMS HAD NOT BEEN SUFFICIENTLY EMPHASIZED IN THAT CASE;

THE APPLICANT HAS THUS ALLUDED TO THE ALLEGED INEFFICIENCY OF THE SYSTEM OF MINIMUM PRICES ADOPTED, THE CHOICE MADE BY THE COMMISSION OF THIS SYSTEM IN PREFERENCE TO OTHER SYSTEMS RESTRICTING IMPORTS, AND THE LEVEL OF MINIMUM PRICES FIXED, WHICH IT ALLEGES WERE TOO HIGH;

4 EVEN IF THE ADDITIONAL EVIDENCE WHICH THE APPLICANT IN THIS CASE HAS PRODUCED OR OFFERED TO PRODUCE WERE ACCEPTED, IT WOULD NOT BE SUFFICIENT TO ESTABLISH THE EXISTENCE OF A SUFFICIENTLY SERIOUS BREACH OF A MAJOR RULE OF COMMUNITY LAW PROTECTING INDIVIDUALS;

5 IT MUST BE CONCLUDED, THEREFORE, THAT THE CONDITIONS IN WHICH THE COMMUNITY MAY INCUR LIABILITY UNDER THE SECOND PARAGRAPH OF ARTICLE 215 ARE NOT PRESENT, AND THAT THE APPLICATION MUST BE REJECTED;

Decision on costs

6 BY ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE THE UNSUCCESSFUL PARTY SHALL BE ORDERED TO PAY THE COSTS;

THE APPLICANT HAS FAILED IN HIS PLEAS;

Operative part

THE COURT HEREBY :

1 . DISMISSES THE ACTION AS UNFOUNDED;