Judgment of the Court of First Instance of 14 December 2005 — Fedon & Figli and Others v Council and Commission

(Case T-135/01) (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 on the part of its institutions - Causal link - Unusual and special damage)

(2006/C 48/47)

Language of the case: Italian

Parties

Applicants: Giorgio Fedon & Figli SpA (Vallesella di Cadore, Italy), Fedon Srl (Pieve d'Alpago, Italy) and Fedon America, Inc. (Wilmington, Delaware, United States) (represented by: I. Van Bael, A. Cevese and F. Di Gianni, lawyers)

Defendants: Council of the European Union (represented by: S. Marquardt and F. Ruggeri Laderchi, Agents) and Commission of the European Communities (initially represented by: P. Kuijper, E. Righini, V. Di Bucci and B. Jansen and then by: P. Kuijper, E. Righini and V. Di Bucci, 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 the applicants' imports of spectacle cases, 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 275, 29.9.2001.