Judgment of the General Court (Third Chamber) of 13 December 2018
Judgment of the General Court (Third Chamber) of 13 December 2018
Data
- Court
- General Court
- Case date
- 13 december 2018
Verdict
Judgment of the General Court (Third Chamber) of 13 December 2018 –
Fruits de Ponent v Commission
(Case T‑290/16)
"(Non-contractual liability - Agriculture - Peach and nectarine markets - Disruption during the 2014 season - Russian embargo - Temporary exceptional support measures for producers - Delegated Regulations (EU) Nos 913/2014 and 923/2014 - Rules of law intended to confer rights upon individuals - Duty of diligence and the principle of sound administration - Sufficiently serious breach - Causal link)"
1. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkOne of the conditions not satisfiedClaim for compensation dismissed in its entirety
(Art. 340, 2nd para. TFEU)
(see paras 37, 128)
2. Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of a rule of law intended to confer rights on individualsRule of law intended to confer rights on individualsDefinitionRight to sound administration and duty of diligenceIncludedGeneral or individual nature of the actIrrelevant
(Art. 340, 2nd para. TFEU; Charter of Fundamental Rights of the European Union, Art. 41)
(see paras 39, 41, 47-49)
3. Non-contractual liabilityConditionsSufficiently serious breach of Community lawRequirement of a manifest and grave disregard by the EU institution concerned of the limits of its discretionAimGeneral or individual nature of the actIrrelevant
(Art. 340, 2nd para. TFEU)
(see paras 52-55, 57)
4. AgricultureCommon organisation of the marketsFruit and vegetablesExceptional measuresMeasures to prevent market disturbanceCommission’s margin of discretion
(Arts 40 and 43 TFEU; European Parliament and Council Regulation No 1308/2013, Arts 219(1) and 227)
(see paras 58-62, 77, 98, 100-102)
5. Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of EU lawInfringement by the Commission of its duty of diligence in the exercise of powers for the prevention and management of disturbance in the market for fruit and vegetablesRequirement of a manifest and grave disregard by the EU institution concerned of the limits of its discretionCriteria for assessment
(Art. 340 TFEU; European Parliament and Council Regulation No 1308/2013, Arts 219, 227 and 228)
(see paras 64-71)
Re:
Action pursuant to Article 268 TFEU seeking compensation for the damage allegedly sustained by three of the applicant’s members on account of acts and omissions of the Commission, in the context of the adoption of Commission Delegated Regulation (EU) No 913/2014 of 21 August 2014 laying down temporary exceptional support measures for producers of peaches and nectarines (OJ 2014 L 248, p. 1) and Commission Delegated Regulation (EU) No 932/2014 of 29 August 2014 laying down temporary exceptional support measures for producers of certain fruit and vegetables and amending Delegated Regulation (EU) No 913/2014 (OJ 2014 L 259, p. 2).
Operative part
The Court:
1. Dismisses the action;
2. Orders Fruits de Ponent, SCCL to pay the costs.