Judgment of the General Court (Second Chamber) of 21 July 2016

Actions for failure to actTime-limitsLimitation period of five yearsPrior request addressed to an institution within that time-limit, followed by an action for compensation within a period of two months after that institution adopted a positionAdmissibility (Arts 263 TFEU and 265 TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.) (see paras 35-37)

Actions for failure to actInstitution called upon to actConditionsClear and express request (Art. 265 TFEU) (see para. 43)

Actions for failure to actPosition taken within the meaning of Article 265, second para., TFEU before the action broughtConceptRefusal to act in accordance with the invitation to actIncluded (Art. 265, second para., TFEU) (see paras 44-46)

Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkCumulative conditionsOne of the conditions not satisfiedClaim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 53, 54)

Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of EU lawRequirement that the institutions manifestly and seriously disregard the limits of their discretionRefusal to extend the deadline for the withdrawal of skimmed milk powder in the context of the programme for the distribution of food aid to the most deprived persons in the UnionNot sufficiently serious breach of a rule of law conferring rights on individualsEU not liable (Art. 340, second para., TFEU; Council Regulation No 1234/2007, Art. 191; Commission Regulation No 1111/2009, Art. 3(1)) (see paras 55, 65, 69-72, 75, 78, 79, 83)

Re:

APPLICATION under Article 268 TFEU, seeking compensation for the damage which the applicant allegedly sustained on account of the Commission’s refusal to extend the deadline for the withdrawal of skimmed milk powder set in Article 3(1) of Commission Regulation (EC) No 1111/2009 of 19 November 2009 adopting the plan allocating to the Member States resources to be charged to the 2010 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community and derogating from certain provisions of Regulation (EEC) No 3149/92 (OJ 2009 L 306, p. 5).

Operative part

The Court:

Dismisses the action;

Orders Nutria AE Typopoiisis & Emporias Agrotikon Proïonton to bear its own costs and to pay those incurred by the European Commission.