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Document 62015TJ0749

Judgment of the General Court (Third Chamber) of 24 January 2017.
Nausicaa Anadyomène SAS and Banque d'escompte v European Central Bank.
Non-contractual liability — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek public debt — Programme for purchasing securities — Securities exchange agreement for the sole benefit of central banks in the Eurosystem — Private sector involvement — Collective action clauses — Credit enhancement in the form of a buyback programme intended to support the quality of the securities as collateral — Private creditors — Commercial banks — Sufficiently serious breach of a rule of law conferring rights on individuals — Legitimate expectations — Equal treatment.
Case T-749/15.

Court reports – general – 'Information on unpublished decisions' section

Judgment of the General Court (Third Chamber) of 24 January 2017 — Nausicaa Anadyomène and Banque d’escompte v ECB

(Case T‑749/15)

(Non-contractual liability - Economic and monetary policy - ECB - National central banks - Restructuring of the Greek public debt - Programme for purchasing securities - Securities exchange agreement for the sole benefit of central banks in the Eurosystem - Private sector involvement - Collective action clauses - Credit enhancement in the form of a buyback programme intended to support the quality of the securities as collateral - Private creditors - Commercial banks - Sufficiently serious breach of a rule of law conferring rights on individuals - Legitimate expectations - Equal treatment)

1. 

Judicial proceedings—Res judicata—Scope—Inadmissibility of a second action—Conditions—Parties, subject-matter and legal basis of the two actions the same

(see paras 63, 64)

2. 

Non-contractual liability—Conditions—Unlawfulness—Damage—Causal link—One of the conditions not satisfied—Claim for compensation dismissed in its entirety

(Art. 340, third para., TFEU)

(see para. 68)

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—Assessment in the case of measures of general scope adopted by the European Central Bank in the exercise of its competences in monetary policy

(Arts 127 TFEU, 282 TFEU and 340 TFEU; Protocol No 4 annexed to the EU and FEU Treaties, Art. 18)

(see paras 69-71)

4. 

EU law—Principles—Protection of legitimate expectations—Limits—Adoption of measures within the area of monetary policy—Discretion of the institutions—Adaptation of measures to variations in the economic situation—Not possible to claim protection of legitimate expectations

(see paras 81, 82)

5. 

Judicial proceedings—Production of evidence—Time-limit—Evidence lodged out of time—Conditions

(Rules of Procedure of the General Court, Art. 85(1) and (2))

(see paras 84, 85)

6. 

Economic and monetary policy—Monetary policy—Implementation—Restructuring of Greek public debt by a programme of buying State bonds—Temporary reestablishment of the eligibility of Greek bonds as appropriate security for the purposes of monetary policy operations of the Eurosystem—No legitimate expectation of investors and holders of such bonds as to the protection of those bonds against the negative effects of a possible restructuring of Greek public debt

(Art. 127(2), first indent, TFEU; Protocol No 4 annexed to the EU and FEU Treaties, Art. 18(1); Decisions of the European Central Bank 2010/268, 2012/133, 2012/153, 2012/433 and 2012/839)

(see paras 89, 93, 96, 97, 99)

7. 

Economic and monetary policy—Monetary policy—Implementation—Restructuring of Greek public debt by a programme of buying State bonds—Conclusion of a bond exchange agreement solely for the benefit of central banks of the Eurosystem—Private investors holding such bonds excluded from participation—No breach of principle of the protection of legitimate expectation

(Art. 123 TFEU; Protocol No 4 annexed to the EU and FEU Treaties, Art. 18(1))

(see para. 98)

8. 

Economic and monetary policy—Monetary policy—Implementation—Restructuring of Greek public debt by a programme of buying State bonds—Conclusion of a bond exchange agreement solely for the benefit of central banks of the Eurosystem—Exclusion from participation of commercial banks holding such bonds—Central and private banks not in comparable situations—No infringement by the ECB of the principle of equal treatment and the duty of diligence

(Arts 123 TFEU, 127(1) and (2) TFEU and 282(1) TFEU; Protocol No 4 annexed to the EU and FEU Treaties, Art. 18(1), first indent; Decision of the European Central Bank 2010/281)

(see paras 111-114, 121)

Re:

ACTION pursuant to Article 268 TFEU seeking compensation for the loss allegedly sustained by the applicants following, in particular, the adoption of ECB Decision 2012/153/EU of 5 March 2012 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer (ECB/2012/3) (OJ 2012 L 77, p. 19) and also of other ECB measures linked to the restructuring of the Greek public debt.

Operative part

The Court:

1. 

Dismisses the action;

2. 

Orders Nausicaa Anadyomène SAS and Banque d’escompte to pay the costs.

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