Judgment of the General Court (Seventh Chamber) of 8 December 2021 –
Dyson and Others v Commission
(Case T‑127/19) (1)
Non-contractual liability – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy – Delegated Regulation (EU) No 665/2013 – Energy labelling of vacuum cleaners – Energy efficiency – Measurement method – Annulment by the General Court – Sufficiently serious breach of a rule of law intended to confer rights on individuals)
1. 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 para. 14)
2. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Reduced or non-existent discretion of the EU institution when adopting the measure – Need to take account of the factual context
(Art. 340, second para., TFEU)
(see paras 15-22)
3. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation laying down a method for calculating the energy performance of vacuum cleaners based on an empty receptacle – Basic legislative act imposing an obligation on the Commission to adopt a calculation method based on the use of a dust-loaded receptacle – Existence of legitimate doubts regarding whether that method satisfies the criteria of scientific validity and accuracy of the information supplied to consumers – No sufficiently serious breach
(Arts 290 and 340, second para., TFEU; Commission Regulation No 665/2013; European Parliament and Council Directive 2010/30, Art. 10(1))
(see paras 36-38, 43-45, 52, 81, 82, 94-99)
4. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation laying down a method for calculating the energy performance of vacuum cleaners based on an empty receptacle – Calculation method applying to all vacuum cleaners regardless of the technology used – No breach of the principle of equal treatment
(Arts 290 and 340, second para., TFEU; Commission Regulation No 665/2013; European Parliament and Council Directive 2010/30, Arts 1, 10(1), (2) and (4)(b))
(see paras 105-112)
5. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation laying down a method for calculating the energy performance of vacuum cleaners based on an empty receptacle – No infringement of the principle of sound administration
(Arts 290 and 340, second para., TFEU; Commission Regulation No 665/2013; European Parliament and Council Directive 2010/30)
(see paras 116-119)
6. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Adoption by the Commission of a delegated regulation imposing energy labelling in respect of vacuum cleaners – Infringement of the freedom to conduct a business – Infringement of the right to property – None
(Arts 290 and 340, second para., TFEU; Charter of Fundamental Rights of the European Union, Arts 16, 17 and 52(1); European Parliament and Council Directive 2010/30)
(see paras 123-132)
Operative part
The Court:
2. | | Dyson Ltd and the other applicants whose names appear in the annex shall bear their own costs and pay the costs incurred by the European Commission. |