Judgment of the Court (Fourth Chamber) of 30 April 2009.#CAS Succhi di Frutta SpA v Commission of the European Communities.#Appeal - Non-contractual liability - Tendering procedure - Payment in kind - Payment of the tenderers in fruits other than those specified in the notice of invitation to tender - Causal link.#Case C-497/06 P.

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 13 September 2006 in Case T‑226/01 CAS Succhi di Frutta v Commission , by which that Court dismissed the action for compensation for the alleged loss caused by Commission Decisions C(96)1916 of 22 July 1996 and C(96)2208 of 6 September 1996, adopted within the framework of Commission Regulation (EC) No 228/96 of 7 February 1996 on the supply of fruit juice and fruit jams intended for the people of Armenia and Azerbaijan (OJ 1996 L 30, p. 18).

Operative part

Operative part

The Court:

1. Dismisses the appeal;

2. Orders CAS Succhi di Frutta SpA to pay the costs.