Order of the General Court (First Chamber) of 21 July 2022 –Fersher Developments and Lisin v Commission and ECB (Case T‑200/18)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62018TO0200_INF@2022-07-21/en
1. Judicial proceedingsApplication initiating proceedingsFormal requirementsIdentification of the subject matter of the disputeSummary of the pleas in law on which the application is basedApplication for compensation for damage allegedly caused by an EU institutionFactors enabling identification of the conduct of which the institution is accused, the causal link and the reality and certainty of the damage caused (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paras 31, 34)
2. Economic and monetary policyEconomic policyCoordination of economic policiesEuropean Stability MechanismAllocation of new tasks to the Commission and the European Central BankNo effect on the powers conferred by the EU and FEU Treaties on those institutionsAbility to plead in an action for damages that those tasks have been carried out unlawfully (Art. 17(1) TEU; Art. 268 TFEU; Treaty establishing the European Stability Mechanism, Art. 13(3) and (4)) (see paras 43-45)
3. Actions for damagesSubject matterApplication for compensation for damage caused by the Commission or by the European Central Bank in carrying out the tasks imposed by the Treaty establishing the European Stability MechanismAdmissibility (Arts 268 and 340, second para., TFEU) (see paras 49, 51)
4. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkOne of the conditions not satisfiedAction for damages dismissed in its entirety (Art. 340, second and third paras, TFEU) (see para. 52)
5. EU lawPrinciplesEqual treatmentDefinitionBurden of proof (Charter of Fundamental Rights of the European Union, Arts 20 and 21) (see paras 58, 71)
6. Economic and monetary policyEconomic policyCoordination of economic policiesEuropean Stability MechanismConclusion of a memorandum of understanding providing for the restructuring of two national banksConclusion of a memorandum of understanding providing for the conversion of uninsured deposits in a domestic bank into shares and for the temporary freezing of other uninsured deposits in that bankImposition of measures involving the contribution of depositors to the restructuring of the banks concernedInfringement of the principles of equal treatment and proportionalityNone (Treaty establishing the European Stability Mechanism; Memorandum of Understanding of 26 April 2013) (see paras 72, 74-76, 80, 83, 84, 87-89, 92-94)
Operative part
1. The action is dismissed.
2. Fersher Developments LTD and Mr Vladimir Lisin shall pay the costs.