Information;Order — ECLI:EU:C:2021:82
Date: 2021-01-28
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Appeal - unfounded;Action for damages
Origin: Austria

Order of the Court (Sixth Chamber) of 28 January 2021 – HZ and OX v Commission (Case C‑390/20 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages – Abstention on the part of national courts from making a request for a preliminary ruling to the Court of Justice – Failure by the European Union to introduce an effective remedy offering suitable redress for such an abstention – Appeal manifestly unfounded) 1. Appeal – Grounds – Grounds which are manifestly inadmissible or manifestly unfounded – Dismissal at any point, by reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 181) (see para. 13) 2. EU law – Principles – Right to effective judicial protection – Guaranteed by the Charter of Fundamental Rights of the European Union (Art. 19(1), second subpara., TEU; Charter of Fundamental Rights of the European Union, Art. 47) (see para. 20) 3. Member States – Obligations – Provision of remedies sufficient to ensure effective legal protection – Scope (Art. 19(1), second subpara., TEU; Charter of Fundamental Rights of the European Union, Art. 47) (see para. 21) 4. EU law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals (see paras 23, 24) 5. Questions referred for a preliminary ruling – Reference to the Court – Issues of interpretation – Obligation to make a reference for a preliminary ruling – Scope (Art. 267 TFEU) (see para. 25) Operative part 1. The appeal is dismissed as being manifestly unfounded. 2. HZ, acting as liquidator of etc-gaming GmbH, and OX, acting as liquidator of Casino-Equipment Vermietungs GmbH, shall bear their own costs.