Judgment — ECLI:EU:T:2019:352
Date: 2019-05-23
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for damages - unfounded
Origin: Austria

Judgment of the General Court (Sixth Chamber) of 23 May 2019 – Remag Metallhandel and Jaschinsky v Commission (Case T‑631/16) (Non-contractual liability — Anti-dumping — OLAF’s insistence that Member States recover anti-dumping duties relating to any importation of silicon metal originating in Taiwan without proof that that silicon metal originated in China — Regulation (EC) No 398/2004 and Implementing Regulation (EU) No 467/2010 — Causal link) 1. Actions for damages — Autonomy in relation to action for annulment and action for failure to act — Scope (Arts 263, 4th para., 268 and 340, 2nd para. TFEU) (see para. 26) 2. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of those conditions not met — Action dismissed in its entirety (Art. 340, 2nd para. TFEU) (see paras 36-38) 3. Non-contractual liability — Conditions — Causal link — Meaning — Burden of proof (Art. 340, 2nd para, TFEU) (see paras 40, 41) 4. Action for annulment — Actionable measures — Meaning — Measures producing binding legal effects — Final report of the European Anti-Fraud Office (OLAF) concerning an external investigation and recommendation of the Director General of OLAF as to the action to be taken by the national authorities — Not included (Art. 263 TFEU) (see para. 48) 5. Non-contractual liability — Conditions — Causal link — Meaning — European Anti-Fraud Office (OLAF) urges Member States to recover anti-dumping duties from the applicant — Powers of assessment of the national authorities as to the action to be taken following OLAF’s recommendations No causal link (Arts 267 and 340, 2nd para. TFEU; European Parliament and Council Regulation No 883/2013, Arts 11(6) and 12(3)) (see paras 48-58, 62) 6. European Anti-Fraud Office (OLAF) — Investigations — Final investigation report and recommendations — Binding on the addressee national authorities — None — Discretion of the national authorities as to the action to be taken — Adoption of decisions requiring post-clearance payment of customs duties not previously levied — Exclusive competence of the national authorities (see paras 49-51) 7. Non-contractual liability — Injury — Damage for which compensation is available — Costs incurred for the proceedings — Not included (Art. 340, 2nd para. TFEU) (see para. 63) Re: Application based on Article 268 TFEU, seeking compensation for the damage allegedly suffered by the applicants as a result of the request by the European Anti-Fraud Office (OLAF) that the customs authorities of the Member States recoveranti-dumping duties for consignments of silicon exported from Taiwan to the European Union. Operative part The Court: 1. Dismisses the action; 2. Orders Remag Metallhandel GmbH and Mr Werner Jaschinsky to pay the costs.