Sofrimport S.A.R.L. v. Commission
FACTS
-Commission adopted regulations suspending issuance of import licenses for dessert apples from Chile. -P’s cargo in apples was already in transit at the time, he was refused entry, P sued for damages.
-Court said regulations were both of direct and individual concern to P.
ANALYSIS -Regulations were applied to apples already in transit, impermissibly disappointed importer’s legitimate expectations.
-For damages, there must be a sufficiently serious breach of a superior rule of law for the protection of the individual or there is no liability for EU.
-Regulation was supposed to protect importers, there was a disregard of it here.
-No overriding public interest was invoked re: regulation.
-Court looks at Economic Risk Inherent in the Business, says the damage goes beyond that (in the milk case, the price had risen only a little over 2%)
-Community must make good on damages caused to P by adoption of the regulations.
FACTS
-Commission adopted regulations suspending issuance of import licenses for dessert apples from Chile. -P’s cargo in apples was already in transit at the time, he was refused entry, P sued for damages.
-Court said regulations were both of direct and individual concern to P.
ANALYSIS -Regulations were applied to apples already in transit, impermissibly disappointed importer’s legitimate expectations.
-For damages, there must be a sufficiently serious breach of a superior rule of law for the protection of the individual or there is no liability for EU.
-Regulation was supposed to protect importers, there was a disregard of it here.
-No overriding public interest was invoked re: regulation.
-Court looks at Economic Risk Inherent in the Business, says the damage goes beyond that (in the milk case, the price had risen only a little over 2%)
-Community must make good on damages caused to P by adoption of the regulations.
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