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Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008.#Camar Srl v Commission of the European Communities.#Common organisation of the markets - Bananas - Transitional measures - Article 30 of Council Regulation (EEC) No 404/93 - Judgment finding that the Commission had failed to act - Failure to give effect to a judgment of the Court - Action for annulment - Application for an order that effect be given to the judgment by way of financial equivalent - Compensation for non-material damage - Unlawful failure to act on the part of the Commission - Action for damages - Suspension of the limitation period - Article 46 of the Statute of the Court of Justice - Inadmissibility.#Joined cases T-457/04 and T-223/05.
ECLI:EU:T:2008:439
62004TJ0457
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(Joined Cases T-457/04 and T-223/05)
Common organisation of the markets – Bananas – Transitional measures – Article 30 of Council Regulation (EEC) No 404/93 – Judgment finding that the Commission had failed to act – Failure to give effect to a judgment of the Court – Action for annulment – Application for an order that effect be given to the judgment by way of financial equivalent – Compensation for non-material damage – Unlawful failure to act on the part of the Commission – Action for damages – Suspension of the limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility
Re:
In Case T‑457/04, application, first, for annulment of the Commission's decision not to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T‑79/96, T‑260/97 and T‑117/98 [2000] ECR II‑2193), contained in the letter of 10 September 2004, secondly, for an order that the Commission give effect to paragraph 1 of the operative part of the abovementioned judgment in Camar and Tico v Commission and Council by the financial equivalent of the value of the certificates that it has not issued and, thirdly, for an order that the Commission pay compensation for non-material loss, and in Case T‑223/05, application for an order that the Commission pay compensation, on the basis of the non-contractual liability of the European Community, for the loss which the applicant has suffered.
Operative part
The Court:
1.Annuls the decision of the Commission contained in the letter of 10 September 2004 from the Director General of the Directorate General ‘Agriculture’ refusing to give effect to paragraph 1 of the operative part of the judgment of the Court of 8 June 2000, Camar and Tico v Commission and Council (Joined Cases T‑79/96, T‑260/97 and T‑117/98 [2000] ECR II‑2193);
2.For the rest, dismisses the action in Case T‑457/04 as unfounded;
3.Dismisses the action in Case T‑223/05 as inadmissible;
4.In Case T‑457/04, orders Camar Srl and the Commission each to bear half of their own costs and to pay half of the costs of the other party;
5.In Case T‑223/05, orders Camar Srl to bear its own costs and to pay the Commission's costs.