Order — ECLI:EU:T:2018:258
Date: 2018-05-04
Language of the case: French
Subject matter: Environment;Provisions governing the Institutions
Procedure: Action for damages - unfounded
Origin: France

Order of the General Court (Ninth Chamber) of 4 May 2018 – Abel and Others v Commission (Case T‑197/17) (Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person –Harm not capable of being compensated — Application for an injunction) 1. Non-contractual liability — Conditions — Unlawfulness — Injury — Causal link — Cumulative conditions — Obligation on the court to examine in a given order — None (Art. 340, second para., TFEU) (see paras 24, 25) 2. Non-contractual liability — Conditions — Unlawfulness — Injury — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 26, 33, 36, 41) 3. Non-contractual liability — Conditions — Actual and certain damage — Burden of proof (Art. 340, second para., TFEU) (see para. 27) 4. Non-contractual liability — Injury — Damage for which compensation is available (Art. 340, second para., TFEU) (see paras 34, 35) 5. Actions for damages — Jurisdiction of the EU judicature — EU to be ordered to pay compensation for damage in accordance with general principles common to the laws of the Member States on non-contractual liability — Reparation in kind in the form of an injunction or prohibition (Arts 268 TFEU and 340, second para., TFEU) (see paras 38, 39) Re: Application pursuant to Article 263 TFEU seeking compensation for the harm suffered by the applicants following the adoption of Commission Regulation (ΕU) 2016/646 of 20 April 2016, amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ 2016 L 109, p. 1). Operative part 1. The action is dismissed. 2. Mr Marc Abel and the other applicants whose names appear in the annex to the judgment are ordered to pay the costs. 2. Mr Marc Abel and the other applicants whose names appear in the annex to the judgment are ordered to pay the costs.