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Document 62016TO0759
Order of the General Court (Third Chamber) of 23 January 2018.
Massimo Campailla v European Union, represented by the Court of Justice of the European Union.
Action for damages — Law governing the institutions — Liability of the European Union — Decisions delivered by the General Court and by the Court of Justice — Action dismissed by the General Court as inadmissible — Appeal dismissed as inadmissible on the ground of lack of representation — Action manifestly inadmissible.
Case T-759/16.
Order of the General Court (Third Chamber) of 23 January 2018.
Massimo Campailla v European Union, represented by the Court of Justice of the European Union.
Action for damages — Law governing the institutions — Liability of the European Union — Decisions delivered by the General Court and by the Court of Justice — Action dismissed by the General Court as inadmissible — Appeal dismissed as inadmissible on the ground of lack of representation — Action manifestly inadmissible.
Case T-759/16.
Order of the General Court (Third Chamber) of 23 January 2018 –
Campailla v European Union
(Case T‑759/16)
(Action for damages — Law governing the institutions — Liability of the European Union — Decisions delivered by the General Court and by the Court of Justice — Action dismissed by the General Court as inadmissible — Appeal dismissed as inadmissible on the ground of lack of representation — Action manifestly inadmissible)
1. |
Judicial proceedings—Application initiating proceedings—Formal requirements—Identification of the subject-matter of the dispute—Brief summary of the pleas in law on which the application is based—Action seeking compensation for loss caused by an EU institution—Application seeking compensation in the abstract with no explanation in that regard—Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paras 23-25, 28) |
2. |
Judicial proceedings—Application initiating proceedings—Formal requirements—Brief summary of the pleas in law on which the application is based—Pleas in law not set out in the application—Reference to the whole of the annexes—Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 30) |
3. |
Non-contractual liability—Conditions—Unlawfulness—Sufficiently serious breach of EU law—Infringement by the EU judicature committed in the context of a decision open to appeal—Not included—Exception—Existence of serious failures in the functioning of the judicial process (Art. 340, second para., TFEU) (see para. 33) |
4. |
Appeal—Admissibility—Acknowledgement of receipt by the Court Registry—Measure not constituting a decision on admissibility (Statute of the Court of Justice, art. 56) (see para. 34) |
5. |
Appeal—Admissibility—Lodging of an appeal vitiated by formal irregularities—No obligation for the Court Registry to inform the applicant (see para. 36) |
Re:
Application under Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant as a result of the order of 6 October 2011, Campailla v Commission (C‑265/11 P, not published, EU:C:2011:644).
Operative part
1. |
The action is dismissed. |
2. |
Mr Massimo Campailla shall bear his own costs and pay those incurred by the European Union, represented by the Court of Justice of the European Union. |