Court of Justice of the European Communities (including Court of First Instance Decisions)

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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Transports Schiocchet - Excursions SARL v Commission of the European Communities (Judgment of the Court (Third Chamber)) [2009] EUECJ C-335/08 (11 June 2009)
URL: http://www.bailii.org/eu/cases/EUECJ/2009/C33508.html
Cite as: [2009] EUECJ C-335/8, EU:C:2009:372, ECLI:EU:C:2009:372, [2009] EUECJ C-335/08

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Judgment of the Court (Third Chamber) of 11 June 2009 – Transports Schiocchet – Excursions v Commission

(Case C‑335/08 P)

Appeal – Action for damages – Regulations (EEC) Nos 517/72 and 684/92 – International carriage of passengers by coach and bus – Conditions for the Community to incur non-contractual liability – Limitation period

1.                     Actions for damages – Limitation period – Interruption (Arts 235 EC and 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras. 30-31)

2.                     Actions for damages – Limitation period – Point from which time starts to run – Liability for a legislative act (Arts 235 EC and 288, second para., EC; Statute of the Court of Justice, Art. 46) (see paras 32-35)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 19 May 2008 in Case T-220/07

Transport Schiocchet

v

Commission

by which that court dismissed as inadmissible, on the ground of limitation, the action brought by the appellant seeking a declaration of non-contractual liability and compensation for harm sustained as a result of various illegal acts committed by the Community institutions – Conditions for bringing an action for damages – Concepts of regular service and special regular service within the meaning of Regulation (EEC) No 517/72 of the Council of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States (OJ English Special Edition 1972(I), p. 143), repealed and replaced by Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ 1992 L 74, p. 1).

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders Transports Schiocchet – Excursions SARL to pay the costs.

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