Cases T-69/00, FIAMM and FIAMM Technologies, T-151/00, Le Laboratoire du Bain, T-301/00, Fremaux, T-320/00, CD Cartondruck AG, T-383/00, Beamglow Ltd and T-135/01, Giorgio Fedon & Figli S.p.A., Fedon S.r.l. and Fedon America USA Inc.

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Series Details Vol.43, No.4, August 2006, p1145–1168
Publication Date August 2006
ISSN 0165-0750
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Publishers Abstract:
On Dec 14, 2005, the Court of First Instance rejected as unfounded several actions in which European traders sought to hold the Community liable for damages allegedly caused by the US' retaliatory measures, which were imposed in accordance with the law of the World Trade Organization (WTO) because of an identified breach of WTO law being continued by the Community. The applicants in the six cases discussed in this article based their claim for compensation -- under Articles 235, 225 and Article 288(2) EC -- first, on the Community's breaches of WTO law, secondly, on breaches of general principles of EU law and, thirdly and alternatively, on the Community having caused a disproportionate financial burden or loss suffered by the 'retaliation victims'. Drawing on established case law the CFI refused to review the pertinent EC legislation in the 'light of WTO law'; thus, it did not identify 'an unlawful act' for which the EC could be held liable. Details of the proceedings are presented.

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