This document is an excerpt from the EUR-Lex website
Document 62014TJ0531
Judgment of the General Court (Second Chamber) of 3 May 2017.
Leïmonia Sotiropoulou and Others v Council of the European Union.
Non-contractual liability — Economic and monetary policy — Decisions addressed to a Member State with a view to remedying an excessive deficit situation — Reduction in and withdrawal of pension rights in Greece — Sufficiently serious infringement of a rule of law conferring rights on individuals.
Case T-531/14.
Judgment of the General Court (Second Chamber) of 3 May 2017.
Leïmonia Sotiropoulou and Others v Council of the European Union.
Non-contractual liability — Economic and monetary policy — Decisions addressed to a Member State with a view to remedying an excessive deficit situation — Reduction in and withdrawal of pension rights in Greece — Sufficiently serious infringement of a rule of law conferring rights on individuals.
Case T-531/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Second Chamber) of 3 May 2017 — Sotiropoulou and Others v Council
(Case T‑531/14)
(Non-contractual liability — Economic and monetary policy — Decisions addressed to a Member State with a view to remedying an excessive deficit situation — Reduction in and withdrawal of pension rights in Greece — Sufficiently serious infringement of a rule of law conferring rights on individuals)
1. |
Actions for damages — Jurisdiction of the EU judicature — Limits — Jurisdiction to hear a claim for compensation for damage allegedly caused by a decision imputable to the Council — Inclusion (Arts 268 TFEU and 340, second and third paras, TFEU) (see paras 56-60) |
2. |
Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 64, 65) |
3. |
Non-contractual liability — Conditions — Unlawfulness — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rule of law intended to confer rights on individuals — Concept — Principles for allocating jurisdiction and of subsidiarity — Not included (Arts 5(2) and (3) TFEU and 340, second para., TFEU) (see paras 69-72) |
4. |
Economic and monetary policy — Economic policy — Procedure for monitoring excessive public deficits — Council Decisions addressed to a Member State in excessive deficit with a view to reinforcing and deepening budgetary oversight and putting it on notice to take deficit reduction measures — No infringement of the principles for allocating jurisdiction and of subsidiarity (Arts 5(2) and (3) TFEU, 126(9) TFEU and 136 TFEU; Council Decisions 2010/320 and 2011/734) (see paras 73, 74) |
5. |
Non-contractual liability — Conditions — Unlawfulness — Sufficiently serious breach of EU law — Requirement that the institutions manifestly and seriously disregard the limits of their discretion — Council Decisions putting a Member State in excessive deficit on notice to take deficit reduction measures, including reduction and suspension of pension rights in that Member State — Justification of the measures by the need to rationalise the budget, reduce public spending, support the pensions system, and maintain budgetary discipline and the financial stability of the eurozone — No unjustified and disproportionate restriction on rights of access to social security benefits and social services — EU not liable (Arts 126(9) TFEU, 136 TFEU and 340, second para., TFEU; Charter of Fundamental Rights of the European Union, Arts 34 and 52(1); Council Decisions 2010/320 and 2011/734) (see paras 77-79, 81, 83-91) |
Re:
ACTION on the basis of Article 268 TFEU seeking compensation for the loss allegedly suffered by the applicants as a result of the adoption of the decisions of the Council addressed to the Hellenic Republic in activation of the mechanism provided for in Article 126 TFEU.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Ms Leïmonia Sotiropoulou and the other applicants whose names are listed in the annex to the judgment to pay the costs; |
3. |
Orders the European Commission to bear its own costs. |