Judgment of the Court (Fourth Chamber) of 25 October 2007.#Ermioni Komninou and Others v Commission of the European Communities.#Appeal - Non-contractual liability of the Community - Complaint under Article 226 EC - Treatment of complainants by the Commission - Principles of sound administration, legitimate expectations and legal certainty - Scope - Article 21 EC - Right of complaint - Scope of the Ombudsman’s findings.#Case C-167/06 P.

Subject of the case

Re:

Appeal brought against the order of the Court of First Instance (Fifth Chamber) of 13 January 2006, Komninou and Others v Commission (T‑42/04), in which the Court dismissed as unfounded an application for compensation for the non-material damage allegedly suffered by the applicants following the Commission’s treatment of their complaint concerning Community financing of a biological sewage treatment plant in Preveza in Greece.

Operative part

Operative part

The Court:

1. Sets aside the order of the Court of First Instance of the European Communities of 13 January 2006, Komninou and Others v Commission (T‑42/04), in so far as the Court failed to rule on the plea alleging breach of Article 21(2) and (3) EC;

2. Dismisses the remainder of the action;

3. Dismisses the application before the Court of First Instance of the European Communities, in so far as it is based on a breach of Article 21(2) and (3) EC;

4. Orders Ermioni Komninou, Grigorios Ntokos, Donatos Pappas, Vassileios Pappas, Aristeidis Pappas, Eleftheria Pappa, Lamprini Pappa, Eirini Pappa, Alexandra Ntokou, Fotios Dimitriou, Zoï Dimitriou, Petros Bolossis, Despoina Bolossi and Konstantinos Bolossis, Thomas Bolossis to pay the costs at first instance. The costs of the proceedings at first instance leading to the order of the Court of First of the European Communities of 13 January 2006, Komninou and Others v Commission (T-42/04), shall be borne in the manner set out in paragraph 2 of the operative part of that order.