Official Journal of the European Union

C 141/20

Order of the Court of 20 January 2009 — Mebrom NV v Commission of the European Communities

(Case C-374/07 P) (1)

(Appeal - Non-contractual liability of the Commission - Certain and actual loss - Distortion of the clear sense of the facts and the evidence - Burden of proof)

2009/C 141/35

Language of the case: English


Appellant: Mebrom NV (represented by: K. Van Maldegem and C. Mereu, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: X. Lewis, Agent)


Appeal brought against the judgment of the Second Chamber of the Court of First Instance of 22 May 2007 in Case T-198/05 Mebrom v Commission by which the Court dismissed as unfounded an action for compensation for the damage allegedly suffered by the appellant following the Commission’s failure to set up, for January and February 2005, a system allowing it to import methyl bromide into the European Union in accordance with Articles 6 and 7 of Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ 2000 L 244, p. 1).

Operative part

Το Δικαστήριο διατάσσει:


The appeal is dismissed.


Mebrom NV shall pay the costs.

(1)  OJ C 247, 20.10.2007.