Judgment;Information — ECLI:EU:C:2023:677
Date: 2023-09-14
Language of the case: Greek
Court formation: Tenth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Appeal - unfounded;Appeal - inadmissible;Action for damages
Origin: Greece

Judgment of the Court (Tenth Chamber) of 14 September 2023 – Zoi Apostolopoulou and Anastasia Apostolopoulou-Chrysanthaki v European Union (Case C‑124/22 P) (1) (Appeal – Non-contractual liability of the European Union – Grant agreements concluded in the context of various European programmes – Judgments of the General Court finding a breach of contractual terms by the beneficiary company – Partnership governed by Greek law – Company placed under liquidation – Proceedings before the national courts brought against the partners in the beneficiary company, seeking enforcement of the judgments of the General Court ordering recovery of the grants – Allegedly false assertions made by the European Commission in the national proceedings – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Rule of EU law) 1. Appeal – Grounds – Specific criticism of a point of the General Court’s reasoning necessary (Art. 256(1) TFUE; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paragraphs 43, 44, 47, 48) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 45, 46, 73, 95) 3. Appeal – Grounds – Grounds of a judgment vitiated by an infringement of EU law – Operative part well founded for other legal reasons – Rejection (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 65, 71, 72) 4. Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paragraphs 75, 76, 104, 114) 5. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law (Art. 340, second para., TFEU) (see paragraphs 110, 111) 6. EU law – Principles – Fundamental rights – Compliance ensured by the EU judicature – Principle of the lawful judge – Examination by the EU judicature of its own motion (Charter of Fundamental Rights of the European Union, Art. 47) (see paragraphs 125-128) Operative part The Court: 1. Dismisses the appeal; 2. Orders Ms Zoi Apostolopoulou and Ms Anastasia Apostolopoulou-Chrysanthaki to pay the costs. 1 OJ C 244, 27.6.2022.