Anthrakefs v Germany and Freistaat Bayern (Order) French Text [2020] EUECJ T-228/20_CO (01 September 2020)

Anthrakefs v Germany and Freistaat Bayern (Order) French Text [2020] EUECJ T-228/20_CO (01 September 2020)

The General Court is manifestly incompetent to hear actions against Member States or their courts for alleged violations of EU law, to annul national court decisions, or to award damages for such acts. Such actions must be brought before national courts or, in the case of infringement proceedings, by the Commission...

Source-derived case information.

Citation
[2020] EUECJ T-228/20_CO
Parties
Applicant: Nikolaos Anthrakefs; Respondent: République fédérale d’Allemagne; Respondent: Freistaat Bayern
Jurisdiction
European Union
Procedural Posture
Action for Damages and Annulment / Order on Manifest Lack of Jurisdiction
Outcome
Application rejected for manifest lack of jurisdiction.
Legal Topics
Jurisdiction of EU Courts, State Liability, Non Contractual Liability, Access to Justice
European Union Law Civil Procedure Jurisdiction of EU Courts State Liability Non Contractual Liability Access to Justice

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Parties

Nikolaos Anthrakefs

Applicant

République fédérale d’Allemagne

Respondent

Freistaat Bayern

Respondent

Procedural Posture

Action for Damages and Annulment / Order on Manifest Lack of Jurisdiction

  1. 1 Whether the General Court has jurisdiction to hear actions against Member States for alleged violations of EU law by national courts
  2. 2 Whether individuals can bring infringement actions against Member States before the General Court
  3. 3 Whether the General Court can award damages for harm caused by Member States' courts

Ratio Decidendi

The General Court is manifestly incompetent to hear actions against Member States or their courts for alleged violations of EU law, to annul national court decisions, or to award damages for such acts. Such actions must be brought before national courts or, in the case of infringement proceedings, by the Commission or Member States.

Court Disposition

Application rejected for manifest lack of jurisdiction.

Orders

  • The application is rejected for manifest lack of jurisdiction.
  • Nikolaos Anthrakefs shall bear his own costs.