Judgment of the General Court (Eighth Chamber) of 29 April 2020.Tilly-Sabco v European Commission.Non-contractual liability — Agriculture — Export refunds — Poultrymeat — Annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice — Damage.Case T-437/18.

Judgment of the General Court (Eighth Chamber) of 29 April 2020 –Tilly-Sabco v Commission

(Case T‑437/18)

(Non-contractual liability — Agriculture — Export refunds — Poultrymeat — Annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice — Damage)

1. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rule of law intended to confer rights on individuals — Definition — Procedural rule intended to enable control by the governments of the Member States of the Commission’s exercise of implementing powers — Not included

(Art. 340, second para. TFEU; European Parliament and Council Regulation No 182/2011, Art. 3(3))

(see paras 46, 51-53, 63)

2. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — Fixing of the amount at zero for the first time in respect of the products concerned — Whether permissible

(European Parliament and Council Regulation No 1308/2013, Art. 196(3); Council Regulation No 1234/2007, Arts 162 and 164; Commission Regulation No 689/2013, Art. 1(1))

(see paras 59, 60, 62)

3. EU law — Principles — Vested rights — Limits — Modification of rules governing a common organisation of the market — Modifications to export refunds — No acquired rights

(Council Regulation No 1234/2007, Art. 164(2))

(see para. 61)

Re:

Application based on Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant as a result of the adoption of Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultrymeat (OJ 2013 L 196, p. 13).

Operative part

The Court:

1. Dismisses the action;

2. Orders Tilly-Sabco to pay the costs.