Judgment of the Court of First Instance of 14 December 2005 —Laboratoire du Bain v Council and Commission

(Case T-151/00) (1)

(Non-contractual liability of the Community - Incompatibility of the Community regime governing the import of bananas with the rules of the World Trade Organisation (WTO) - Imposition by the United States of America of retaliatory measures in the form of increased customs duty levied on imports from the Community, pursuant to a WTO authorisation - Decision of the WTO Dispute Settlement Body - Legal effects - Community liability in the absence of unlawful conduct of its institutions - Causal link - Unusual and special damage)

(2006/C 48/41)

Language of the case: French

Parties

Applicant: Le Laboratoire du Bain (Nontron, France) (represented by C. Lazarus, F. Prunet and L. Van den Hende, lawyers)

Defendants: Council of the European Union (represented by J. Huber and F. Ruggeri Laderchi, acting as Agents) and Commission of the European Communities (represented initially by L. Gussetti, V. Di Bucci, C. Brown, E. Righini and M. de Pauw, and subsequently by P. Kuijper, L. Gussetti, V. Di Bucci, C. Brown and E. Righini, acting as Agents)

Intervener in support of the defendants: Kingdom of Spain (represented initially by R. Silva de Lapuerta, and subsequently by E. Braquehais Conesa, acting as Agents)

Application for

compensation in respect of the damage allegedly caused by the levying by the United States of America of increased customs duty on imports of the applicant's effervescent bath products, as authorised by the Dispute Settlement Body of the World Trade Organisation (WTO), following a finding that the Community regime governing the import of bananas was incompatible with the agreements and understandings annexed to the Agreement establishing the WTO

Operative part of the judgment

The Court:

(1)  OJ C 247 of 26.8.2000.