Order of the Court (Eighth Chamber) of 12 May 2010 – Pigasos Alieftiki Naftiki Etaireia v Council and Commission
(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
1.Non-contractual liability – Conditions – Legislative measure involving choices of economic policy – Sufficiently established breach of a superior rule of law conferring rights on individuals – Requirement of manifest, grave disregard of the limits of the broad discretion enjoyed by the Union legislature (Art. 340(2) TFEU) (see paras 20-25)
2.Appeals – Grounds – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (see para 30)
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)
4.Non-contractual liability – Conditions – Damage – Duty of the person injured to show reasonable diligence in order to limit the extent of the damage (Art. 340(2) TFEU) (see paras 39-40)
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. |