Judgment of the Court of First Instance (Fourth Chamber) of 9 July 2009.#Ristic AG and Others v Commission of the European Communities.#Animal health - Protective measures - Decision 2007/362/EC - Action for annulment - No need to adjudicate - Action for damages - Principle of proportionality - Principle of protection of legitimate expectations - Duty of care - Right to property and right to carry on economic activity.#Case T-238/07.

Subject of the case

Re:

First, application for annulment of Commission Decision 2007/362/EC of 16 May 2007 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ 2007 L 138, p. 18), and, second, application for damages.

Operative part

The Court:

1. Declares that there is no need to adjudicate on the application for annulment;

2. Dismisses the action as to the remainder;

3. Orders Ristic AG, Piratic Meeresfrüchte Import GmbH, Prime Catch Seafood GmbH and Rainbow Export Processing, SA to pay the costs, including those of the interlocutory proceedings.