Order of the General Court (First Chamber) of 25 March 2011 – Noko Ngele v Commission and Others

(Case T-15/10)

Non-contractual liability – Action brought in part before a court which has no jurisdiction – Action inadmissible in part – Absence of causal link – Action in part manifestly devoid of any basis in law – Articles 111 and 114 of the Rules of Procedure of the General Court

1.                     Procedure – Action by one natural or legal person against other natural or legal persons or seeking to challenge decisions of national courts or the conduct of a Member State – Lack of jurisdiction of the EU judicature (Arts 256 TFEU, 268 TFEU and 340, second para., TFEU; Statute of the Court of Justice, Art. 51 and Annex I, Art. 1) (see paras 37-41)

2.                     Procedure – Action for a declaration of the position of the General Court – Lack of jurisdiction of the General Court (Art. 256 TFEU) (see paras 42-43)

3.                     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 44-45)

4.                     Non-contractual liability – Conditions – Causal link – Concept – Conduct of the applicant constituting the cause of the alleged damage – Conduct complained of not attributable to the defendant institution – No causal link – Action manifestly devoid of legal foundation (Art. 340, second para., TFEU; Rules of Procedure of the General Court, Art. 111) (see paras 52-58, 65-66)

5.                     Procedure – Conditions for admissibility of actions – Pleas seeking declaration of enforceability of the judgment to be delivered by the General Court – Action devoid of purpose – Inadmissibility (Arts 280 TFEU and 299 TFEU; Statute of the Court of Justice, Art. 60) (see paras 75-76)

Re:

ACTION for damages for the loss allegedly suffered by the applicant as a result of the impossibility of pursuing recovery of a debt owed to him and the non‑material damage allegedly suffered by the applicant as a result of criminal proceedings instigated against him in Belgium.

Operative part

1. The action is dismissed as having been brought before a court that has no jurisdiction to hear it, in so far as it is directed against AT, AU, AV and AW.

2. Mr Mariyus Noko Ngele’s head of claim seeking from the Court a declaration that the Centre pour le développement des entreprises (CDE) never replaced the Centre pour le développement industriel (CDI) and that the CDE does not exist in law or have legal personality in Belgium is dismissed on the basis that it is made before a court that has no jurisdiction to hear it.

3. Mr Noko Ngele’s claim that the Court should order that the judgment to be delivered is enforceable is rejected as inadmissible.

4. The action is dismissed as to the remainder as manifestly devoid of any basis in law.

5. Mr Noko Ngele is ordered to pay the costs of these proceedings and the interim proceedings.