Gascogne Sack Deutschland and Gascogne v European Union (Judgment) French Text [2017] EUECJ T-577/14 (10 January 2017)

Gascogne Sack Deutschland and Gascogne v European Union (Judgment) French Text [2017] EUECJ T-577/14 (10 January 2017)

The General Court found that the duration of proceedings in cases T-72/06 and T-79/06 exceeded the reasonable time by 20 months, violating Article 47(2) of the Charter and constituting a sufficiently serious breach of EU law. However, the applicants failed to prove real and certain material damage for interest on...

Source-derived case information.

Citation
[2017] EUECJ T-577/14
Parties
Applicant: Gascogne Sack Deutschland GmbH; Applicant: Gascogne; Respondent: Union européenne (European Union); Intervener: Commission européenne (European Commission)
Jurisdiction
European Union
Procedural Posture
Action for Non Contractual Liability (responsabilité Non Contractuelle) Under Article 268 TFEU / Judgment at First Instance (general Court, Third Chamber, Extended Composition)
Outcome
Partially upheld; compensation awarded to Gascogne for bank guarantee costs; all other claims dismissed.
Legal Topics
Non Contractual Liability of the EU, Reasonable Time for Judgment, Article 47 Charter of Fundamental Rights, Damages for Procedural Delay, Competition Law Proceedings
European Union Law Tort Law Procedural Law Non Contractual Liability of the EU Reasonable Time for Judgment Article 47 Charter of Fundamental Rights Damages for Procedural Delay Competition Law Proceedings

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Parties

Gascogne Sack Deutschland GmbH

Applicant

Gascogne

Applicant

Union européenne (European Union)

Respondent

Commission européenne (European Commission)

Intervener

Procedural Posture

Action for Non Contractual Liability (responsabilité Non Contractuelle) Under Article 268 TFEU / Judgment at First Instance (general Court, Third Chamber, Extended Composition)

  1. 1 Whether the duration of proceedings in cases T-72/06 and T-79/06 violated the reasonable time requirement under Article 47 of the Charter of Fundamental Rights of the EU
  2. 2 Whether such violation gives rise to non-contractual liability of the EU and compensation for material and non-material damage
  3. 3 Whether there is a causal link between the delay and the alleged damages

Ratio Decidendi

The General Court found that the duration of proceedings in cases T-72/06 and T-79/06 exceeded the reasonable time by 20 months, violating Article 47(2) of the Charter and constituting a sufficiently serious breach of EU law. However, the applicants failed to prove real and certain material damage for interest on fines and loss of opportunity, and Gascogne Sack Deutschland failed to prove damage for bank guarantee costs. Only Gascogne demonstrated real and certain material damage for bank guarantee costs during the period of excessive delay, with a direct causal link to the breach. The Court awarded compensation to Gascogne for this head of damage. Claims for non-material damage were not...

Court Disposition

Partially upheld; compensation awarded to Gascogne for bank guarantee costs; all other claims dismissed.

Orders

  • The EU is ordered to compensate Gascogne for bank guarantee costs incurred during the 20-month excessive delay period, with interest.
  • All other claims by Gascogne Sack Deutschland and Gascogne are dismissed.