Order — ECLI:EU:T:2010:117
Date: 2010-03-24
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for damages
Origin: Denmark

Order of the General Court (Fourth Chamber) of 24 March 2010 – Eriksen v Commission (Case T-516/08) Action for damages – Public health implications of the nuclear accident at Thule (Greenland) – Directive 96/29/Euratom – Commission’s failure to adopt measures against a Member State – Action manifestly lacking any foundation in law 1. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of those conditions lacking – Action dismissed in its entirety (Art. 288, second para., EC; Art. 188, second para., EA) (see para. 24) 2. Non-contractual liability – Conditions – Unlawfulness – Commission not initiating a proceeding for failure to fulfil obligations – Not constituting unlawfulness (Arts 226 EC and 288, second para., EC; Art. 141 EA) (see paras 29-30) Re: ACTION for compensation for damage suffered as a result of the Commission’s alleged failure to adopt the measures necessary to ensure that the Kingdom of Denmark adopted the legislative and administrative provisions enabling it to comply with Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (OJ 1996 L 159, p. 1) and applied those provisions to workers involved in the nuclear accident at Thule (Greenland). Operative part 1. The action is dismissed. 2. Mr Heinz Helmuth Eriksen is ordered to pay the costs.