||All England Reporter
|| All ER (D) 103 (Sep)
||Court of Justice of the European Communities (Grand Chamber)
Judges Skouris (President), Jann, Timmermans, Arestis and Lohmus, (Presidents of Chambers), Schiemann (Rapporteur), Juhasz, Borg Barthet, Ilesic, Malenovsky, Klucka, Levits and Toader
||9 September 2008
European community - Imports - Import arrangements - Imports from third countries - Bananas - Incompatibility of Community regime governing import of bananas with World Trade Organisation rules - Imposition by United States of America of retaliatory measures - Action for compensation being dismissed - Whether Court of First Instance erring in law in establishing a principle of Community liability in absence of unlawful conduct attributable to its institutions - Whether judgments of court of first instance should be set aside.
European community Imports. On settled law, it had to be concluded that, as Community law currently stood, no liability regime existed under which the Community could incur liability for conduct falling within the sphere of its legislative competence in a situation where any failure of such conduct to comply with the World Trade Organisation agreements could not be relied upon before the Community courts. Notwithstanding that, in affirming in the judgments under appeal the existence of a regime providing for non-contractual liability of the Community on account of the lawful pursuit by it of its activities falling within the legislative sphere, the Court of First Instance had erred in law, that court would have been obliged to dismiss those claims on the basis of the law as it currently stood, and the operative part of its judgment well founded on other legal grounds. Accordingly, the appeal challenging the judgment of the Court of First Instance dismissing actions for compensation brought on account of the increased customs duty which the Dispute Settlement Body of the World Trade Organisation had authorised the United States of America to levy on imports of their products, would be dismissed.
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