Order of the General Court (Ninth Chamber) of 10 November 2021 –
KS and KD v Council and Others
(Case T‑771/20)
(Action for damages – Common foreign and security policy – Eulex Kosovo mission – Manifest lack of jurisdiction)
Common foreign and security policy – Jurisdiction of the EU judicature – Actions for damages – Action seeking compensation for damage suffered as a result of acts or omissions by the Council, the Commission and the European External Action Service (EEAS) – Political or strategic issues connected with defining the activities, priorities and resources of an EU mission – Precluded
(Arts 24(1), second para., and 40 TEU; Arts 263, 265, 268 and 275 TFEU; Council Joint Action 2008/124)
(see paras 28-33, 39-42)
Re:
| Application under Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicants as a result of various acts and omissions by the Council, the Commission and the EEAS in the implementation of Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ 2008 L 42, p. 92), and, in particular, during the investigations that were carried out, during that mission, into the disappearance and killing of the applicants’ family members in 1999 in Pristina (Kosovo). |
Operative part
1. | | The action is dismissed since the Court manifestly lacks jurisdiction to hear and determine it. |
2. | | KS and KD shall bear their own costs and pay those incurred by the Council of the European Union and the European Commission. |
3. | | The European External Action Service (EEAS) shall bear its own costs. |