Inalca SpA — Industria Alimentari Carni and Cremonini SpA v European Commission (C-460/09 P)

Judgment of 28 Feb 2013

law://eu/cjeu/2009/c-460-09/para_36@2026-11-14

36Primarily, the Commission points out that, in the case where the liability of the Community has its origin in a legislative measure, and where the resulting loss subsequently arises in respect of individuals, the Court, by its judgment in Birra Wührer and Others v Council and Commission, has laid down exceptional rules vis-à-vis those resulting from Article 46 of its Statute. Although the Commission adds that only one other attenuating change has been rightly made to Article 46 of the Statute of the Court of Justice, in respect of the calculation of the limitation period in relation to the victim who was able only belatedly to become aware of the event giving rise to the damage (Case 145/83 Adams v Commission [1985] ECR 3539, paragraphs 50 and 51), it takes the view, however, that the case-law on the matter is inconsistent and requires clarification in the context of the present appeal.

Inalca SpA — Industria Alimentari Carni and Cremonini SpA v European Commission (C-460/09 P)

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