Tillack v Commission (Law governing the institutions) [2005] EUECJ C-521/04 (19 April 2005)

Tillack v Commission (Law governing the institutions) [2005] EUECJ C-521/04 (19 April 2005)

OLAF's transmission of information to national authorities under Article 10(2) of Regulation No 1073/1999 does not constitute a challengeable act as it lacks binding legal effect; judicial protection is available at national level for actions taken by national authorities; no direct causal link exists between OLAF's...

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Citation
[2005] EUECJ C-521/04
Parties
Appellant: Hans-Martin Tillack; Defendant at First Instance: Commission of the European Communities; Intervener at First Instance: International Federation of Journalists (IFJ)
Jurisdiction
European Union
Judgment Date
19 April 2005
Procedural Posture
Appeal (interim Measures) / Order on Appeal Against Interim Measures, President of the Court
Outcome
Appeal dismissed
Legal Topics
Interim Measures, Admissibility of Actions, Effective Judicial Protection, Journalistic Sources, Forwarding of Information by OLAF, Annulment Proceedings
European Union Law Administrative Law Media Law Interim Measures Admissibility of Actions Effective Judicial Protection Journalistic Sources Forwarding of Information by OLAF +1 more

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Summary, issues, holding and outcome

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Parties

Hans-Martin Tillack

Appellant

Commission of the European Communities

Defendant at First Instance

International Federation of Journalists (IFJ)

Intervener at First Instance

Procedural Posture

Appeal (interim Measures) / Order on Appeal Against Interim Measures, President of the Court

Legal Issues

  1. 1 Whether OLAF's forwarding of information to national authorities constitutes a challengeable act under Article 230 EC
  2. 2 Whether the appellant has effective judicial protection against actions resulting from OLAF's transmission
  3. 3 Whether there is a direct causal link between OLAF's transmission and the alleged damage

Ratio Decidendi

OLAF's transmission of information to national authorities under Article 10(2) of Regulation No 1073/1999 does not constitute a challengeable act as it lacks binding legal effect; judicial protection is available at national level for actions taken by national authorities; no direct causal link exists between OLAF's transmission and the alleged damage.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Mr Tillack is ordered to pay the costs of these proceedings.