Order;Information — ECLI:EU:T:2019:902
Date: 2019-12-20
Language of the case: Romanian
Court formation: Seventh Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for damages - unfounded;Application for measures of inquiry - unfounded
Origin: Romania

Order of the General Court (Seventh Chamber) of 20 December 2019 – Dragomir v Commission (Case T‑297/19) (Non-contractual liability — Rule of law — Independence of the judiciary — Right to a fair trial — Protection of personal data — Failure by the Commission to adopt measures to ensure that Romania fulfils its obligations — Sufficiently serious breach of a rule of law conferring rights on individuals — Action manifestly lacking any foundation in law) 1. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions — One of the conditions not satisfied — Action dismissed in its entirety (Art. 340, second para. TFEU) (see paras 14-16) 2. Non-contractual liability — Conditions — Omissions of EU institutions — Requirement that a legal duty to act be disregarded (Art. 340, second para. TFEU (see paras 17, 18) 3. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rule of law intended to confer rights on individuals — Concept — Obligation of the Commission to send reports to the European Parliament and to the Council in the context of the Cooperation and Verification Mechanism for Romania — Not included (Commission Decision 2006/928, Art. 2) (see paras 31-34) 4. Non-contractual liability — Infringement by the EU institutions of a legal obligation to act — Failure by the Commission to adopt measures to ensure that Romania fulfils its obligations concerning the rule of law, the independence of the judiciary and the right to a fair trial — Failure to adopt a decision to initiate proceedings for a declaration of failure to fulfil obligations — Commission's duty to act — None — No illegality capable of rendering the EU non-contractually liable (Art. 340, second para. TFEU; Protocol of 2005 concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union, Arts 37 and 38) (see paras 35-40, 48, 49, 62-64) 5. Actions for damages — Subject matter — Claim for compensation on account of damage caused by the national authorities acting in breach of EU law — Jurisdiction of the national courts (Arts 268 and 340, second and third paras TFEU) (see paras 41, 42) 6. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see paras 44-46) 7. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rule of law intended to confer rights on individuals — Concept — Reports by the Commission concerning the application of a directive — Commission’s surveillance to ensure the application of EU law — Not included (Art. 17 TEU; Art. 340, second para. TFEU; European Parliament and Council Directive 95/46, Art. 33) (see paras 55, 56, 60) 8. Non-contractual liability — Conditions — Unlawfulness — Commission not initiating proceedings for failure to fulfil obligations — Act not amounting to unlawfulness (Arts 258 and 340, second para. TFEU) (see para. 58) 9. Judicial proceedings — Measures of organisation of procedure — Measures of inquiry — Discretion of the General Court (see paras 67-69) Re: Action under Article 270 TFEU seeking compensation for the harm allegedly suffered by the applicant as a result of the Commission’s failure to fulfil its obligations to ensure that Romania respects the rule of law, the independence of the judiciary and the right to a fair trial and of the Commission’s failure to fulfil its obligations relating to the protection of personal data. Operative part 1. The action is dismissed. 2. Mr Daniel Dragomir shall pay the costs.