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Publishers Abstract:
Recently, both the European Court of First Instance and the Court of Justice have rejected claims for damages resulting from the incorrect implementation by the European Commission of the Panel and Appellate Body reports in the so-called Banana case. The fact that the initial implementation by the Community authorities was incorrect had, moreover, been clearly established in an implementation panel procedure. Not too long ago, the European Court of Human Rights rejected a claim by private operators under Article 6 of the ECHR directed against the 15 Member States to the effect that the Community authorities, in that case also the Court of Justice, had not sufficiently safeguarded the procedural rights of shipping companies in an anti-trust procedure, and in particular their right to a judicial appeal against a Court of Justice ruling rejecting their request for a suspension of the payment of a fine. These cases raise interesting questions about the relationship between international courts and the Community courts.
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