Order of the General Court (Fifth Chamber) of 17 May 2013 — FH v Commission
(Case T‑405/12)
Action for annulment and damages — Decision of the Commission to withdraw from the applicant the documents giving him access to Commission buildings — Action for annulment — Lack of interest in bringing proceedings — Inadmissibility — Action for damages — Causal link — Harm — Action manifestly unfounded in law
1. Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time the action brought — Action capable of securing a benefit for the applicant — Interest relating to future and uncertain situations — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 15, 16, 20, 23)
2. Actions for damages — Autonomy in relation to the action for annulment — Limits — Action for cancellation of a measure which has become final — Inadmissibility (Arts 268 TFEU and 340, second para., TFEU) (see paras 28-30)
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 32, 33)
4. Non-contractual liability — Damage — Damage for which compensation is available — Costs incurred for the proceedings — Not included (Art. 340, second para., TFEU) (see paras 37, 38)
5. Non-contractual liability — Conditions — Causal link — Concept — Burden of proof (Art. 340, second para., TFEU) (see paras 40, 41)
Re:
| Firstly, annulment of the Commission decision of 10 July 2012 withdrawing from the applicant the documents giving him access to Commission buildings and, secondly, an action seeking compensation for the harm allegedly suffered by the applicant following the adoption of the contested decision. |
Operative part
1. | | The action is dismissed. |
2. | | FH is ordered to bear his own costs and pay the costs incurred by the European Commission. |