Information;Order — ECLI:EU:T:2020:270
Date: 2020-06-16
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for damages - unfounded
Origin: Austria

Order of the General Court (Sixth Chamber) of 16 June 2020 – etc-gaming and Casino-Equipment v Commission (Case T‑803/19) (Action for damages – Failure by the European Union to introduce an effective remedy offering suitable redress for a failure on the part of the national courts to submit a request for a preliminary ruling to the Court of Justice – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law) 1. Judicial proceedings – Decision taken by way of reasoned order – Conditions – Appeal manifestly inadmissible or manifestly lacking any foundation in law (Rules of Procedure of the General Court, Art. 126) (see paras 6, 25) 2. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (Art. 340, second para. TFEU) (see paras 10, 11) 3. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law (Art. 340, second para. TFEU) (see para. 12) 4. Non-contractual liability – Conditions – Omissions of EU institutions – Requirement that a legal duty to act be disregarded (Art. 340, second para. TFEU) (see paras 13, 14) 5. EU law – Principles – Right to effective judicial protection – Enshrined in the Charter of Fundamental Rights of the European Union (Art. 19(1), second para. TEU; Charter of Fundamental Rights of the European Union, Art. 47) (see para. 17) 6. Member States – Obligations – Provision of remedies sufficient to ensure effective legal protection – Scope (Art. 19(1), second para. TEU; Charter of Fundamental Rights of the European Union, Art. 47) (see para. 18) 7. EU law – Principles – Right to effective judicial protection – Scope (Charter of Fundamental Rights of the European Union, Arts 47 and 51(2)) (see para. 20) 8. Questions referred for a preliminary ruling – Referral to the Court – Need for a preliminary ruling and relevance of the questions referred – Assessment by the national court – Decision not to refer a question to the Court for a preliminary ruling – Obligation to inform the Court of such a decision – No such obligation (Art. 267 TFEU) (see para. 22) 9. EU law – Rights conferred on individuals – Infringement by a Member State – Obligation to make good damage caused to individuals (see para. 23) Re: Application under Article 268 TFEU seeking compensation for the damage which the applicants claim to have suffered as a result of the failure by the European Union to introduce an effective remedy offering suitable redress for a failure on the part of the national courts to submit a request for a preliminary ruling to the Court of Justice. Operative part 1. The action is dismissed. 2. etc-gaming GmbH and Casino-Equipment Vermietungs GmbH are ordered to pay the costs.