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Order of the Court of First Instance (First Chamber) of 10 April 2008. # 2K-Teint SARL and Others v Commission of the European Communities and European Investment Bank (BEI). # Non-contractual liability - Financing contract concluded with Morocco - EIB’s alleged negligence and failures in monitoring a loan financed by the Community budget - Limitation - Inadmissibility. # Case T-336/06.
ECLI:EU:T:2008:104
62006TO0336
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(Case T-336/06)
Non-contractual liability – Financing contract concluded with Morocco – EIB’s alleged negligence and failures in monitoring a loan financed by the Community budget – Limitation – Inadmissibility
4. Actions for damages – Limitation period – Point from which time starts to run – Date to be taken into consideration where knowledge of the fact causing the damage was obtained belatedly (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 96-102)
5. Actions for damages – Limitation period – Point from which time starts to run – Damage of a continuing nature – Date to be taken into consideration (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 106-107, 113-114)
Re:
ACTION for compensation for the loss allegedly suffered by the applicants by reason of the EIB’s negligence and failures in monitoring the use of funds intended for the completion of the project of 2K-Teint, in performance of the financing contract concluded between the EIB, as agent of the Community, and the Kingdom of Morocco.
Operative part
The Court:
1.Dismisses the action as inadmissible;
2.Orders 2K-Teint SARL, Mohammed Kermoudi, Khalid Kermoudi, Laila Kermoudi, Mounia Kermoudi, Salma Kermoudi and Rabia Kermoudi to pay, in addition to their own costs, the costs incurred by the Commission and the European Investment Bank (EIB).