Order of the General Court (Third Chamber) of 24 October 2012 — Evropaïki Dynamiki v Commission
(Case T-442/11)
Action for annulment — Act not subject to review — Act which is confirmatory, in part, and informative, in part — Inadmissibility — Action for damages — Failure to identify the alleged conduct or to define the alleged damage — Inadmissibility — Action for damages — No proof of damage — Action manifestly lacking any foundation in law
1.                     Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Purely informative measure
— Not included (Art. 263 TFEU) (see paras 60-64)
2.                     Actions for annulment — Action brought against a decision confirming a decision which was not contested within the time-limit
for bringing proceedings — Inadmissibility — Meaning of confirmatory decision — Decision adopted following a re-examination
of the earlier decision and on the basis of new factors — Not included — Complaint lodged with the European Ombudsman — No
new and substantial facts or re-examination of the decision (Art. 263 TFEU) (see paras 66-68, 85, 87, 89, 90)
3.                     Actions for annulment — Time-limits — Point from which time starts to run — Decision neither published nor notified to the
applicant — Precise knowledge of the content and reasons — Duty to request the whole text of the decision within a reasonable
time once its existence is known (Art. 263 TFEU) (see para. 79)
4.                     Proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute
— Brief summary of the pleas in law on which the application is based — Application not sufficiently clear and precise — Inadmissibility
(Rules of Procedure of the General Court, Art. 44(1)(c) and 48(2)) (see paras 92, 96, 99-101)
5.                     Non-contractual liability — Conditions — Damage — Causal link — Burden of proof — Claim for compensation without explanation
as to the damage alleged and the link between that damage and the conduct of the Community institution — Conditions not fulfilled
(Art. 340 TFEU) (see paras 102-104, 107, 108, 111, 119, 120, 123, 125)
6.                     Actions for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility
(Art. 263 TFEU) (see para. 146)
Re:
APPLICATION, first, for the annulment of a letter of the Commission of 27 May 2011, second, for an order for the Commission
to pay damages and, third, for an order for the Commission to publish a communiqué.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay its own costs and those
incurred by the European Commission.