This document is an excerpt from the EUR-Lex website
Document 62015CN0045
Case C-45/15 P: Appeal brought on 4 February 2015 by Safa Nicu Sepahan Co. against the judgment of the General Court (First Chamber) delivered on 25 November 2014 in Case T-384/11: Safa Nicu Sepahan Co. v Council of the European Union
Case C-45/15 P: Appeal brought on 4 February 2015 by Safa Nicu Sepahan Co. against the judgment of the General Court (First Chamber) delivered on 25 November 2014 in Case T-384/11: Safa Nicu Sepahan Co. v Council of the European Union
Case C-45/15 P: Appeal brought on 4 February 2015 by Safa Nicu Sepahan Co. against the judgment of the General Court (First Chamber) delivered on 25 November 2014 in Case T-384/11: Safa Nicu Sepahan Co. v Council of the European Union
OJ C 118, 13.4.2015, p. 16–18
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
13.4.2015 |
EN |
Official Journal of the European Union |
C 118/16 |
Appeal brought on 4 February 2015 by Safa Nicu Sepahan Co. against the judgment of the General Court (First Chamber) delivered on 25 November 2014 in Case T-384/11: Safa Nicu Sepahan Co. v Council of the European Union
(Case C-45/15 P)
(2015/C 118/23)
Language of the case: English
Parties
Appellant: Safa Nicu Sepahan Co. (represented by: A. Bahrami, avocat)
Other party to the proceedings: Council of the European Union
Form of order sought
For the reasons set out in the present appeal Safa Nicu Sepahan Co. submits that the European Court of Justice should:
1. |
Set aside in part the judgment of the General Court issued by the General Court on 25 November 2014 in Case T-384/11 in sofar as it:
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2. |
Exercise its full jurisdiction and, based on the elements available to it: Principally
Alternatively
More alternatively |
3. |
Refer the Case back to the General Court in order to re-examine the quantum of damages and issue a new judgment in favour of Safa Nicu Sepahan Co. |
Pleas in law and main arguments
The Appellant raises two grounds of appeal against the judgment of the General Court delivered on 25 November 2014, with several pleas in law for each ground:
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Under the first ground of appeal, the appellant claims that the General Court erred in law in paragraphs 93 to 149 of the judgment under appeal by dismissing the appellant’s claim for compensation in respect of material damages in their totality, despite the fact that the General Court had acknowledged and admitted that the appellant had effectively suffered material damages as a result of the serious unlawful conduct by the Union, based on the following pleas in law:
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As for the second ground of appeal, the Appellant claims that the General Court erred in law in paragraphs 92 and 149 of the judgment under appeal by considering that an award of EUR 50 000 would constitute an appropriate compensation. The General Court has thus committed a breach of the duty to state reasons, a breach of the principle of proportionality and violation of the principle to pay compensation in respect of actual damage and costs, which led to an arbitrary and unlawful result. |