Judgment of the Court (Third Chamber) of 20 May 2009 – Guigard v Commission

(Case C‑214/08 P)

Appeal – Action for damages – Conditions governing the incurral by the Community of contractual and non‑contractual liability – Articles 313(2)(k), 314 and 317(a) of the Fourth Convention of Lomé, as revised by the Agreement signed in Mauritius

Procedure – Actions for damages (Arts 225(1) EC, 235 EC, 238 EC and 240 EC) (see paras 39-43)

Re:

Operative part

The Court:

1.Sets aside the judgment of the Court of First Instance of the European Communities in Case T‑301/05 Guigard v Commission inasmuch as it declared the action brought by Mr Guigard to be admissible;

2.Dismisses the action brought by Mr Guigard in Case T‑301/05;

3.Declares that it is not necessary to rule on the appeal brought by Mr Guigard;

4.Orders Mr Guigard to pay the costs incurred by the Commission of the European Communities before the Court of Justice of the European Communities and before the Court of First Instance of the European Communities.