Order of the General Court of 30 November 2022 — Basicmed Enterprises and Others v Council and Others

(Case T-379/16) (1)

(Non-contractual liability - Economic and monetary policy - Stability support programme for Cyprus - Decision of the Governing Council of the ECB on the provision of emergency liquidity following a request by the Central Bank of Cyprus - Eurogroup statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus - Decision 2013/236/EU - Implementing Decision 2013/463/EU - Memorandum of Understanding of 26 April 2013 on specific economic policy conditions between Cyprus and the European Stability Mechanism - Jurisdiction of the General Court - Admissibility - Formal requirements - Exhaustion of domestic remedies - Sufficiently serious breach of a rule of law conferring rights on individuals - Right to property - Legitimate expectations - Equal treatment - Action brought in part before a court which manifestly lacks jurisdiction to hear and determine the case, in part manifestly inadmissible and in part manifestly lacking any foundation in law)

(2023/C 35/74)

Language of the case: English

Parties

Applicants: Basicmed Enterprises Ltd (Limassol, Cyprus), and 19 other applicants whose names are listed in the annex to the order (represented by: P. Tridimas, K. Kakoulli and P. Panayides, lawyers)

Defendants: Council of the European Union (represented by: A. Westerhof Löfflerová and I. Gurov, acting as Agents), European Commission (represented by: L. Flynn, J.-P. Keppenne and S. Delaude, acting as Agents), European Central Bank (represented by: K. Laurinavičius, G. Várhelyi and K. Drēviņa, acting as Agents, and by H.-G. Kamann, lawyer), Eurogroup, represented by the Council of the European Union (represented by: A. Westerhof Löfflerová and I. Gurov, acting as Agents), European Union, represented by the European Commission (represented by: L. Flynn and J.-P. Keppenne and by S. Delaude, acting as Agents)

Re:

By their application under Article 268 TFEU, the applicants seek compensation for the damage allegedly suffered by them as a result of the decision of the Governing Council of the European Central Bank (ECB) of 21 March 2013 on the provision of emergency liquidity following a request made by the Central Bank of Cyprus (‘the CBC’), the Eurogroup statements of 25 March, 12 April,13 May and 13 September 2013 on Cyprus, Council Decision 2013/236/EU of 25 April 2013 addressed to Cyprus on specific measures to restore financial stability and sustainable growth (OJ 2013 L 141, p. 32), Council Implementing Decision 2013/463/EU of 13 September 2013 approving the macroeconomic adjustment programme for Cyprus and repealing Decision 2013/236 (OJ 2013 L 250, p. 40), the Memorandum of Understanding of 26 April 2013 on specific economic policy conditions between the Republic of Cyprus and the European Stability Mechanism (ESM) (‘the Memorandum of Understanding of 26 April 2013’), as well as other acts and conduct of the European Commission, the Council of the European Union, the ECB and the Eurogroup related to the provision of a financial assistance facility to the Republic of Cyprus.

Operative part of the order

1. The action is dismissed.

2. Basicmed Enterprises Ltd and the other applicants whose names are listed in the annex shall pay, in addition to their own costs, those incurred by the Council of the European Union, the European Commission and the European Central Bank (ECB).

(1) OJ C 383, 17.10.2016.