Schroeder v Council and Commission (Judgment) French Text [2015] EUECJ T-205/14 (23 September 2015)

Schroeder v Council and Commission (Judgment) French Text [2015] EUECJ T-205/14 (23 September 2015)

The Tribunal found that the Commission and Council did not totally disregard their duty of diligence, but merely erred in the extent of their obligations. This did not amount to a sufficiently characterized breach to trigger EU liability. Furthermore, the applicant failed to prove a direct causal link between the...

Source-derived case information.

Citation
[2015] EUECJ T-205/14
Parties
Applicant: I. Schroeder KG (GmbH & Co.); Respondent: Council of the European Union; Respondent: European Commission
Jurisdiction
European Union
Procedural Posture
Action for Damages / Final Judgment
Outcome
action dismissed
Legal Topics
Non Contractual Liability, Antidumping Duties, Invalidity of EU Regulation, Duty of Diligence, Causation, Interest on Refunded Duties
European Union Law Administrative Law Non Contractual Liability Antidumping Duties Invalidity of EU Regulation Duty of Diligence Causation Interest on Refunded Duties

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Parties

I. Schroeder KG (GmbH & Co.)

Applicant

Council of the European Union

Respondent

European Commission

Respondent

Procedural Posture

Action for Damages / Final Judgment

  1. 1 Whether the EU is liable for damages caused by an invalid antidumping regulation
  2. 2 Whether the applicant exhausted national remedies
  3. 3 Whether there was a sufficiently characterized breach of a rule conferring rights

Ratio Decidendi

The Tribunal found that the Commission and Council did not totally disregard their duty of diligence, but merely erred in the extent of their obligations. This did not amount to a sufficiently characterized breach to trigger EU liability. Furthermore, the applicant failed to prove a direct causal link between the alleged fault and the claimed damage, as the evidence did not establish that the loans and interest payments were necessitated by the payment of the antidumping duties. Therefore, the action for damages was rejected.

Court Disposition

action dismissed

Orders

  • The action for damages is rejected.
  • I. Schroeder KG (GmbH & Co.) is ordered to pay the costs of the Council and Commission.