Case T-108/14: Action brought on 17 February 2014 — Burazer and Others v European Union
Date: 2014-02-17
Institutions: General Court
Subjects: Croatia, accession negotiations, indemnification, public service, servant (EU)








C_2014142EN.01003702.xml










12.5.2014   


EN


Official Journal of the European Union


C 142/37





Action brought on 17 February 2014 — Burazer and Others v European Union
(Case T-108/14)
2014/C 142/49
Language of the case: Croatian

Parties


Applicants: Drago Burazer (Zagreb, Croatia), Nikolina Nežić (Zagreb), Blaženka Bošnjak (Sv. Ivan Zelina, Croatia), Bosiljka Grbašić (Križevci, Croatia), Tea Tončić (Pula, Croatia), Milica Bijelić (Dubrovnik, Croatia), Marijana Kruhoberec (Varaždin, Croatia) (represented by: Mato Krmek, lawyer)

Defendant: European Union

Form of order sought

The applicants claim that the Court should:






—


declare, by a judgment, that the European Union must compensate the applicants for the injury they suffered as a result of the European Commission’s partial failure to fulfil its obligation to monitor the implementation of the Treaty of Accession of the Republic of Croatia to the European Union, imposed on that institution under Article 36 of the Act of Accession (Annex VII, point 1), as regards the introduction of the bailiff service in the legal order of the Republic of Croatia;










—


suspend deliberations regarding the amount of the claim until the judgment in the present case has become final;










—


reserve the decision as to costs for the later judgment.





Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law: the European Commission failed to fulfil its obligations under Article 36 of the Act of Accession (Annex VII, point 1), which forms an integral part of the Treaty of Accession of the Croation Republic to the European Union concluded between the Croation Republic and the Member States of the European Union [Narodne novine — Međunarodni ugovori no 2/12 (Official Journal — International Treaties)], in failing to prevent the derogation from the legislation establishing and governing the profession of bailiff, which the Republic of Croatia had adopted during the negotiations on accession to the European Union. Article 36 of the Act of Accession tasks the Commission with monitoring the commitments entered into by the Republic of Croatia during the negotiations on accession to the European Union and, accordingly, the legal obligations assumed by the Republic of Croatia to establish a bailiff service and to ensure the full implementation of that service in the Croatian legal order by 1 January 2012 at the latest. However, the European Commission does not have the power to allow any unilateral amendment of the obligations thus entered into by the Republic of Croatia.










2.


Second plea in law: by the abovementioned infringement, the European Commission directly injured the applicants, who had been appointed as bailiffs and who had legitimate expectations that they would take up their duties on 1 January 2012.










3.


Third plea in law: in failing to fulfil its obligations, the Commission clearly and seriously exceeded the limits of its discretion and, in frustrating the limited expectations of the applicants (appointed bailiffs), caused them significant material and non-material damage which the European Union must make good in accordance with the second paragraph of Article 340 TFEU.