Order — ECLI:EU:T:2012:308
Date: 2012-06-18
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for damages - unfounded
Origin: France

Order of the General Court (Seventh Chamber) of 18 June 2012 — Transports Schiocchet — Excursions v Council and Commission (Case T‑203/11) Non-contractual liability — Coach and bus services between Member States — Regulation (EEC) No 684/92 — Sufficiently serious breach of a rule of law conferring rights on individuals — None — Action manifestly lacking any foundation in law 1. 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 para. 27) 2. Non-contractual liability — Conditions — Legislative measure involving choices of economic policy — Sufficiently serious breach of a higher rule of law conferring rights on individuals — Requirement of a clear and serious breach of the limits of the wide discretion of the EU legislature (Art. 340, second para; TFEU) (see para. 28) 3. Non-contractual liability — Conditions — Omissions of EU institutions — Requirement that a legal duty to act be disregarded (Art. 340, second para., TFEU) (see paras 37-40) 4. Non-contractual liability — Conditions — Legislative measure involving choices of economic policy — Sufficiently serious breach of a higher rule of law conferring rights on individuals — Requirement of a clear and serious breach of the limits of the wide discretion of the EU legislature — Late submission by the Commission of a legislative proposal in the area concerned — No liability (Art. 340, second para., TFEU) (see paras 41, 42) Re: APPLICATION for compensation for the damage purportedly suffered by the applicant by reason of the application of the system laid down in Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ 1992 L 74, p. 1). Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. Transports Schiocchet — Excursions is ordered to pay the costs.