do-me/EUR-LEX huggingface dataset:
Case T-405/14: Action brought on 31 May 2014  — Yavorskaya v Council and Others
Date: 2014-05-31
Institutions: General Court
Subjects: Cyprus, EU institution, bank deposit, contractual liability, equal treatment, indemnification, ownership, seizure of goods








C_2014261EN.01004101.xml










11.8.2014   


EN


Official Journal of the European Union


C 261/41





Action brought on 31 May 2014 — Yavorskaya v Council and Others
(Case T-405/14)
2014/C 261/67
Language of the case: French

Parties


Applicant: Elena Yavorskaya (Moscow, Russia) (represented by: D. Grisay, C. Hartman and Y.G. Georgiades, lawyers)

Defendants: Council of the European Union, European Commission, European Central Bank (ECB) and Eurogroup, represented by the Council of the European Union

Form of order sought







—


Declare the present action, based on non-contractual liability under Article 340 of the Treaty on the Functioning of the European Union, admissible;










—


Declare the action well founded on the ground that the measures imposed by the different institutions of the European Union on the Republic of Cyprus as regards the attachment of bank accounts constitute a sufficiently serious infringement of the fundamental principles of EU law, conferring rights on individuals, which constitutes a breach of Article 340 TFEU;










—


Hold that the actions of the European Union constitute serious and clear misconduct which has had the consequence that the applicant has suffered harm estimated, without prejudice, at the sum of EUR 3 2 99  855,45, subject to reduction or increase during the proceedings, in particular having regard to interest and costs which, if appropriate, are due;










—


Order the European Union to pay the sums set out above;










—


Order the European Union, in addition, to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging non-contractual liability of the European Union and, more exactly, an infringement of the right of property and the principle of non-discrimination.
The measures imposed by the European Union on the Republic of Cyprus led to the applicant’s accounts with the Laïki Bank being blocked, without any fair compensation having been paid to her in advance.
The European Union thus manifestly and unreasonably infringed the applicant’s right of property and the principle of non-discrimination, since only deposits of less than EUR 1 00  000 made with the Laïki Bank were safeguarded under the European measures imposed on the Cypriot authorities.