Order of the General Court (First Chamber, Extended Composition) of 17 December 2021 – Georgios Legakis and Others v Council
(Case T‑765/14)
(Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – Statement of the President of the Euro Group of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility)
1. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the defendant – Designation as defendant, without error on the part of the applicant, of a person other than the author of the contested measure – Inadmissibility – Limits – Factors allowing the defendant to be identified without difficulty – Absence – Court obliged to identify the defendant – Absence – Misinterpretation of capacity to act as defendant by the applicant
(Art. 268 TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court (1991), Art. 44(1)(b))
(see paras 45-47, 50, 52, 54-58)
2. Actions for damages – Subject matter – Claim for compensation for damage caused by the Euro Group – Intergovernmental body of an informal nature – No competence of its own – Not a body, office or agency of the EU – Inadmissibility
(Arts 3 and 13(1) TEU; Arts 119(2), 137, 268 and 340, second para., TFEU; Protocol No 14 annexed to the EU and FEU Treaties, Art. 1)
(see paras 74-85)
Re:
| Application pursuant to Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicants as a result of the Euro Group Statements of 16 and 25 March 2013 and the Statement of the President of the Euro Group of 21 March 2013. |
Operative part
1. | | The action is dismissed as being manifestly inadmissible. |
2. | | Mr Georgios Legakis, Ms Myrto Panagiota Legaki, Ms Maria Legaki and Ms Melina Legaki shall pay the costs. |