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Order of the Court of First Instance (Fourth Chamber) of 19 May 2008.

Order of the Court of First Instance (Fourth Chamber) of 19 May 2008.

Data

Court
General Court
Case date
19 mei 2008

Uitspraak





Order of the Court of First Instance (Fourth Chamber) of 19 May 2008 – Transports Schiocchet – Excursions v Commission

(Case T-220/07)

Action for damages – Limitation period – Article 46 of the Statute of the Court of Justice – Inadmissibility

1.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Certain damage – Meaning – Imminent and foreseeable damage (Art. 288, second para., EC) (see paras 30, 33)

2.                     Actions for damages – Limitation period – Point from which time starts to run – Date to be taken into consideration – Whether conditions for non-contractual liability met (Art. 288, second para., EC; Statute of the Court of Justice, Arts 46 and 53) (see para. 32)

3.                     Actions for damages – Subject-matter – Claim for compensation in respect of damage for which the Community liable – Exclusive jurisdiction of the Community judicature (Art. 288, second para., EC) (see para. 38)

4.                     Actions for damages – Limitation period – Interruption – Conditions (Art. 288, second para., EC; Statute of the Court of Justice, Art. 46) (see para. 39)

Re:

APPLICATION for damages for the harm allegedly suffered by the applicant as a result of various alleged illegal acts complained of against the Community institutions.

Operative part

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders Transports Schiocchet – Excursions SARL to bear the costs.