24.10.2009   

EN

Official Journal of the European Union

C 256/26


Order of the Court of First Instance of 4 September 2009 — Inalca and Cremonini v Commission

(Case T-174/06) (1)

(Non-contractual liability - OLAF investigations concerning irregularities in export refunds on beef and veal exported to Jordan - Communication to the national authorities of information on the facts capable of giving rise to criminal proceedings - National decision to recover the refunds - Provision of Guarantees - Action for damages - Limitation period - Continuing nature of the harm - Partial inadmissibility - Causation)

2009/C 256/48

Language of the case: Italian

Parties

Applicant: Inalca SpA — Industria Alimentaria Carni (Castelvetro, Italy) and Cremonini SpA (Castelvetro) (represented by: F. Sciandone and C. D’Andria, lawyers)

Defendant: Commission of the European Communities (represented by: M. Nolin and V. Di Bucci, Agents)

Re:

Action for non-contractual damages seeking compensation for loss allegedly suffered by the applicants as a result of the communication to the Italian authorities of the findings of an investigation conducted by the European Anti-Fraud Office (OLAF), implicating the applicants, to ascertain whether certain refunds for beef and veal exported to Jordan were lawful.

Operative part of the order

1.

The action is dismissed.

2.

Inalca SpA — Industria Alimentaria Carni and Cremonini SpA are ordered to pay the costs.


(1)  OJ C 190, 12.8.2006.