Order of the Court of 12 May 2010 — Pigasos Alieftiki Naftiki Etairia v Council of the European Union and European Commission

(Case C-451/09 P) (1)

(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)

2010/C 234/29

Language of the case: Greek

Parties

Appellant: Pigasos Alieftiki Naftiki Etairia (represented by: N. Skandamis and E. Perakis, dikigoroi)

Other parties to the proceedings: Council of the European Union (represented by: F. Florindo Gijón and M. Balta, acting as Agents), European Commission (represented by: M. Patakia and B.-R. Killmann, acting as Agents)

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 (JO 1993 L 253, p. 1)

Operative part of the order

(1)  OJ C 24, 30.1.2010.