Judgment;Information — ECLI:EU:T:2020:426
Date: 2020-09-23
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for damages - unfounded

Judgment of the General Court (Sixth Chamber) of 23 September 2020 – FF v Commission (Case T‑654/19) (Non-contractual liability – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Use of a photograph in a library of warnings with pictures to be used for tobacco products – Directive 2014/109/EU – Sufficiently serious breach of a rule of law conferring rights on individuals) 1. 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 18, 19) 2. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Use of a photograph in a library of picture warnings to be used for tobacco products – No sufficiently serious breach of a rule of law conferring rights on individuals – EU not liable (Art. 340, second para. TFEU; European Parliament and Council Directive 2014/40, Annex II; Commission Directive 2014/109) (see paras 20-27) Re: Application based on Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant because of the unauthorised use of a photograph that he regards as representing him. Operative part The Court: 1. Dismisses the action; 2. Orders FF to bear his own costs and to pay those incurred by the European Commission in the present action and in the proceedings for interim measures.