This document is an excerpt from the EUR-Lex website
Document 62019CN0680
Case C-680/19 P: Appeal brought on 12 September 2019 by Fulmen against the judgment of the General Court (First Chamber) delivered on 2 July 2019 in Case T-405/15, Fulmen v Council
Case C-680/19 P: Appeal brought on 12 September 2019 by Fulmen against the judgment of the General Court (First Chamber) delivered on 2 July 2019 in Case T-405/15, Fulmen v Council
Case C-680/19 P: Appeal brought on 12 September 2019 by Fulmen against the judgment of the General Court (First Chamber) delivered on 2 July 2019 in Case T-405/15, Fulmen v Council
OJ C 372, 4.11.2019, p. 26–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 12/09/2019
- Date lodged:
- 12/09/2019
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- French
- Type of procedure:
- Appeal, Action for damages
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Request to review the judgment 62015TJ0405
- Instruments cited in case law:
- Link
|
4.11.2019 |
EN |
Official Journal of the European Union |
C 372/26 |
Appeal brought on 12 September 2019 by Fulmen against the judgment of the General Court (First Chamber) delivered on 2 July 2019 in Case T-405/15, Fulmen v Council
(Case C-680/19 P)
(2019/C 372/28)
Language of the case: French
Parties
Appellant: Fulmen (represented by: A. Bahrami, N. Korogiannakis, lawyers)
Other parties to the proceedings: Council of the European Union, European Commission
Form of order sought
Primarily:
|
— |
set aside the judgment under appeal in part; |
|
— |
give final judgment in the matter; |
|
— |
order the Council to pay Fulmen the sum of EUR 6 456 507 in respect of material damage and EUR 100 000 in respect of non-material damage, together with default interest; |
|
— |
order the Council to pay all of the costs. |
In the alternative:
|
— |
set aside the judgment under appeal in part; |
|
— |
refer the case back to the General Court; |
|
— |
order the Council to pay all of the costs. |
Pleas in law and main arguments
Concerning the material damage, the General Court, in the first place, erred in law, infringed the principle of full reparation and deprived Article 340(2) TFEU and Article 41(3) of the Charter of Fundamental Rights of their practical effect. The standard of proof required by the General Court made any compensation for the harm suffered impossible, despite the existence of a sufficiently serious and flagrant breach of EU law. In the second place, the judgment under appeal was vitiated by an error of law and by contradictory reasoning. In the third place, the General Court distorted the evidence and the facts.
Concerning the non-material damage, the judgment under appeal contains no statement of reasons as regards the criteria taken into account in order to assess ex aequo et bono the amount of the compensation.
