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Judgment of the Court of First Instance (Grand Chamber) of 14 December 2005.#Le Laboratoire du Bain v Council of the European Union and Commission of the European Communities.#Non-contractual liability of the Community - Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) - Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation - Decision of the WTO Dispute Settlement Body - Legal effects - Community liability in the absence of unlawful conduct of its institutions - Causal link - Unusual and special damage.#Case T-151/00.
ECLI:EU:T:2005:450
62000TJ0151
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(Case T-151/00)
Non-contractual liability of the Community – Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) – Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation – Decision of the WTO Dispute Settlement Body – Legal effects – Community liability in the absence of unlawful conduct of its institutions – Causal link – Unusual and special damage
3. Non-contractual liability – Conditions – No unlawful conduct on the part of the Community institutions – Real damage, causal link and unusual and special damage – Cumulative requirements (Art. 288, second para., EC) (see para. 149)
Re:
ACTION for compensation in respect of the damage allegedly caused by the levying by the United States of America of increased customs duty on imports of the applicant’s effervescent bath products, as authorised by the Dispute Settlement Body of the World Trade Organisation (WTO), following a finding that the Community regime governing the import of bananas was incompatible with the agreements and understandings annexed to the Agreement establishing the WTO.
Operative part
The Court:
Dismisses the action;
Orders the applicant to bear, in addition to its own costs, the costs incurred by the Council and the Commission;
Orders the Kingdom of Spain to bear its own costs.