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Document 62022CO0137
Order of the Court (Sixth Chamber) of 17 January 2023.
Georgios Theodorakis and Maria Theodoraki v Council of the European Union.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Stability support programme for Cyprus – Political agreement concluded between the Eurogroup and the Cypriot authorities concerning, inter alia, the restructuring of the banking sector in Cyprus – Action for compensation – Designation of the defendant – Concept of ‘institution’ – Appeal manifestly unfounded.
Case C-137/22 P.
Order of the Court (Sixth Chamber) of 17 January 2023.
Georgios Theodorakis and Maria Theodoraki v Council of the European Union.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Stability support programme for Cyprus – Political agreement concluded between the Eurogroup and the Cypriot authorities concerning, inter alia, the restructuring of the banking sector in Cyprus – Action for compensation – Designation of the defendant – Concept of ‘institution’ – Appeal manifestly unfounded.
Case C-137/22 P.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2023:41
Order of the Court (Sixth Chamber), 17 January 2023 –
Theodorakis and Theodoraki v Council
(Case C‑137/22 P)
(Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Stability support programme for Cyprus – Political agreement concluded between the Eurogroup and the Cypriot authorities concerning, inter alia, the restructuring of the banking sector in Cyprus – Action for compensation – Designation of the defendant – Concept of ‘institution’ – Appeal manifestly unfounded)
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Appeal – Grounds – Grounds which are manifestly inadmissible or manifestly unfounded – Dismissal at any point, by reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 181) (see paragraphs 17, 18) |
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2. |
Appeal – Grounds – Challenge to the General Court’s interpretation of a judgment of the Court of Justice – Manifestly unfounded ground of appeal (Rules of Procedure of the Court of Justice, Art. 181) (see paragraphs 22- 27) |
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3. |
Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first paragraph) (see paragraphs 28, 30, 31, 34) |
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4. |
Appeal – Grounds – Plea directed against a superfluous ground – Invalid ground of appeal – Rejection (Art. 256 TFEU) (see paragraph 43) |
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Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the defendant – Designation as defendant of a person other than the person responsible for the actions in question – No obligation incumbent on the EU Courts to identify the defendant – Inadmissibility (Statute of the Court of Justice, Art. 21) (see paragraphs 46, 48) |
Operative part
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The appeal is dismissed as being manifestly unfounded in part and manifestly ineffective in part. |
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Mr Georgios Theodorakis and Ms Maria Theodoraki shall bear their own costs. |