Judgment of the General Court (Seventh Chamber) of 8 December 2021 –
Dyson and Others v Commission
(Case T‑127/19) ( 1 )
Non-contractual liability – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy – Delegated Regulation (EU) No 665/2013 – Energy labelling of vacuum cleaners – Energy efficiency – Measurement method – Annulment by the General Court – Sufficiently serious breach of a rule of law intended to confer rights on individuals)
1. |
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 para. 14) |
2. |
Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Reduced or non-existent discretion of the EU institution when adopting the measure – Need to take account of the factual context (Art. 340, second para., TFEU) (see paras 15-22) |
3. |
Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation laying down a method for calculating the energy performance of vacuum cleaners based on an empty receptacle – Basic legislative act imposing an obligation on the Commission to adopt a calculation method based on the use of a dust-loaded receptacle – Existence of legitimate doubts regarding whether that method satisfies the criteria of scientific validity and accuracy of the information supplied to consumers – No sufficiently serious breach (Arts 290 and 340, second para., TFEU; Commission Regulation No 665/2013; European Parliament and Council Directive 2010/30, Art. 10(1)) (see paras 36-38, 43-45, 52, 81, 82, 94-99) |
4. |
Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation laying down a method for calculating the energy performance of vacuum cleaners based on an empty receptacle – Calculation method applying to all vacuum cleaners regardless of the technology used – No breach of the principle of equal treatment (Arts 290 and 340, second para., TFEU; Commission Regulation No 665/2013; European Parliament and Council Directive 2010/30, Arts 1, 10(1), (2) and (4)(b)) (see paras 105-112) |
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 – Adoption by the Commission of a delegated regulation laying down a method for calculating the energy performance of vacuum cleaners based on an empty receptacle – No infringement of the principle of sound administration (Arts 290 and 340, second para., TFEU; Commission Regulation No 665/2013; European Parliament and Council Directive 2010/30) (see paras 116-119) |
6. |
Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation imposing energy labelling in respect of vacuum cleaners – Infringement of the freedom to conduct a business – Infringement of the right to property – None (Arts 290 and 340, second para., TFEU; Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); European Parliament and Council Directive 2010/30) (see paras 123-132) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Dyson Ltd and the other applicants whose names appear in the annex shall bear their own costs and pay the costs incurred by the European Commission. |