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.