Fersher Developments and Lisin v Commission and ECB (Order (Information) French Text [2022] EUECJ T-200/18 (21 July 2022)
The applicants failed to establish a sufficiently serious breach of a rule of law conferring rights on individuals, failed to prove damage and causal link, and the restructuring measures did not violate the principles of equality or proportionality. The action was manifestly unfounded in law.
- Citation
- [2022] EUECJ T-200/18
- Parties
- Applicant: Fersher Developments LTD; Applicant: Vladimir Lisin; Respondent: Commission; Respondent: European Central Bank (ECB)
- Jurisdiction
- European Union
- Judgment Date
- 21 July 2022
- Procedural Posture
- Action for Damages (recours En Indemnité) / Order on Admissibility and Merits
- Outcome
- action dismissed
- Legal Topics
- Non Contractual Liability of EU Institutions, Stability Support Programme for Cyprus, Principle of Equality, Principle of Proportionality
Case Brief
Summary, issues, holding and outcome
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Parties
Fersher Developments LTD
Applicant
Vladimir Lisin
Applicant
Commission
Respondent
European Central Bank (ECB)
Respondent
Procedural Posture
Action for Damages (recours En Indemnité) / Order on Admissibility and Merits
Legal Issues
- 1 Whether the Commission and ECB are liable for damages allegedly caused in the execution of tasks under the European Stability Mechanism Treaty
- 2 Whether there was a sufficiently serious breach of a rule of law conferring rights on individuals
- 3 Whether the principles of equality and proportionality were violated
Ratio Decidendi
The applicants failed to establish a sufficiently serious breach of a rule of law conferring rights on individuals, failed to prove damage and causal link, and the restructuring measures did not violate the principles of equality or proportionality. The action was manifestly unfounded in law.
Court Disposition
action dismissed
Orders
- The action is rejected.
- Fersher Developments LTD and Vladimir Lisin are ordered to pay the costs.
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