Anastassopoulos and Others v Council and Commission (Judgment) French Text [2021] EUECJ T-147/17 (17 November 2021)

Anastassopoulos and Others v Council and Commission (Judgment) French Text [2021] EUECJ T-147/17 (17 November 2021)

The Tribunal held that the acts and declarations leading to the Greek debt restructuring and the application of CACs, including those of the Eurogroup and heads of state/government, are not imputable to the EU institutions for the purposes of non-contractual liability under Article 340 TFEU. The applicants failed to...

Source-derived case information.

Citation
[2021] EUECJ T-147/17
Parties
Applicant: Nikolaos Anastassopoulos; Applicant: Aristeidis Anastassopoulos; Applicant: Alexia Anastassopoulos; Applicant: Maria-Myrto Anastassopoulos; Applicant: Sophie Velliou; Respondent: Council of the European Union; Respondent: European Commission
Jurisdiction
European Union
Procedural Posture
Action for Non Contractual Liability (damages) / Final Judgment at General Court (tribunal), Third Chamber
Outcome
Action dismissed
Legal Topics
State Debt Restructuring, Private Sector Involvement (psi), Collective Action Clauses (cac), Equality of Treatment, Prescription, Imputability of Acts, Non Contractual Liability, Compensation for Damages
European Union Law Economic and Monetary Policy Non Contractual Liability State Debt Restructuring Private Sector Involvement (psi) Collective Action Clauses (cac) Equality of Treatment Prescription +2 more

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Parties

Nikolaos Anastassopoulos

Applicant

Aristeidis Anastassopoulos

Applicant

Alexia Anastassopoulos

Applicant

Maria-Myrto Anastassopoulos

Applicant

Sophie Velliou

Applicant

Council of the European Union

Respondent

European Commission

Respondent

Procedural Posture

Action for Non Contractual Liability (damages) / Final Judgment at General Court (tribunal), Third Chamber

  1. 1 Whether the acts leading to the Greek debt restructuring and the application of CACs to private creditors, including individuals, are imputable to the EU institutions for the purposes of non-contractual liability under Article 340 TFEU.
  2. 2 Whether there was a sufficiently serious breach of a rule of law conferring rights on individuals (equality of treatment, non-discrimination) by the Council or Commission.
  3. 3 Whether the applicants' claims are time-barred (prescription).

Ratio Decidendi

The Tribunal held that the acts and declarations leading to the Greek debt restructuring and the application of CACs, including those of the Eurogroup and heads of state/government, are not imputable to the EU institutions for the purposes of non-contractual liability under Article 340 TFEU. The applicants failed to establish that the Council or Commission committed a sufficiently serious breach of a rule of law conferring rights on individuals. The claims were not time-barred, but the action was dismissed on the merits for lack of imputability and absence of a sufficiently serious breach.

Court Disposition

Action dismissed

Orders

  • The action is dismissed in its entirety.
  • Applicants are ordered to pay the costs.