Common organisation of the markets - Bananas - Imports from ACP States and third countries - Reference quantity - Regulations (EC) Nos 1924/95 and 2362/98 - Action for compensation.

«(Common organisation of the markets – Bananas – Imports from ACP States and third countries – Reference quantity – Regulations (EC) Nos 1924/95 and 2362/98 – Action for compensation)» Summary of the Judgment 1.. Non-contractual liability – Conditions – Sufficiently serious breach of a superior rule of law for the protection of individuals – No discretion for institution – Mere infringement of Community law sufficient (Art. 288, second para., EC) 2.. Agriculture – Common organisation of the markets – Bananas – Import arrangements – Tariff quota – Opening and allocation of the quota – Transitional measures as a result of the accession of Austria, Finland and Sweden – Regulation No 1924/95 – Application only within the context of the arrangement established by Regulation No 1442/93 – Application until abolition of the latter regulation (Council Regulation No 404/93; Commission Regulations Nos 1442/93, 1924/95, Art. 6, and 2362/98) 3.. Agriculture – Common organisation of the markets – Bananas – Import arrangements – Tariff quota – Opening and allocation of the quota – Allocation of rights to import licences – Determination of criteria – Principle of the protection of legitimate expectations – Infringement – None (Council Regulation No 404/93; Commission Regulation No 1442/93) 4.. Agriculture – Common organisation of the markets – Bananas – Import arrangements – Tariff quota – Opening and allocation of the quota – Regulation No 2362/98 – Taking into account of imports actually carried out during a reference period prior to its publication – Infringement of the principle of legal certainty – None (Commission Regulations Nos 1442/93 and 2362/98) 5.. Agriculture – Common organisation of the markets – Bananas – Import arrangements – Tariff quota – Regulations – Procedure by which they are drawn up – Distinction between basic regulations and implementing regulations – Powers conferred by the Council on the Commission in general terms – Lawfulness (EC Treaty, Art. 155, fourth indent (now Art. 211, fourth indent, EC); Council Regulation No 404/93, Art. 19(1)) 6.. Non-contractual liability – Conditions – Lawful act – Real damage, causal link and unusual and special damage – Cumulative nature (Art. 288, second para., EC) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)10 February 2004 (1) ((Common organisation of the markets – Bananas – Imports from ACP States and third countries – Reference quantity – Regulations (EC) Nos 1924/95 and 2362/98 – Action for compensation)) applicants, v defendants, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 6 May 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber), García-Valdecasas Lindh Cooke H. Jung P. Lindh Registrar President 1 – Language of the case: German.