Case T-496/14: Action brought on 26 June 2014  — Berry Investments v Council
Date: 2014-06-26
Institutions: General Court
Subjects: Cyprus, bank deposit, damages, equal treatment, principle of legal certainty, seizure of goods








C_2014292EN.01005301.xml










1.9.2014   


EN


Official Journal of the European Union


C 292/53





Action brought on 26 June 2014 — Berry Investments v Council
(Case T-496/14)
2014/C 292/65
Language of the case: Greek

Parties


Applicant: Berry Investments (Monrovia, Liberia) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the General Court should:






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order the defendant to pay to the applicant the sum of EUR 4 36  357 ,19, as compensation for the damage caused to the applicant by the defendant’s unlawful acts, with interest from the date when the applicant was unlawfully divested of its deposits (29/03/2013) until the date of delivery of the judgment in this case and with daily interest from the delivery of the judgment in these proceedings until full payment;










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in the alternative, order the defendant to pay to the applicant 4/5 of the above amount, that is, the sum of EUR 3 49  085 ,75, as compensation for the damage caused to the applicant by the defendant’s unlawful acts, with interest from the date when the applicant was unlawfully divested of its deposits (29/03/2013) until the date of delivery of the judgment in this case and with daily interest from the delivery of the judgment in these proceedings until full payment;










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in the further alternative, order the defendant to pay such amount as the General Court shall determine to the applicant as compensation for the damage caused to the applicant by the defendant’s unlawful acts;










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order the defendant to pay to the applicant the sum of EUR 50  000, as compensation for the non-material damage caused to the applicant by the infringement of the principle of equal treatment;










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order the defendant to pay to the applicant the sum of EUR 50  000, as compensation for the non-material damage caused to the applicant by the infringement of the right to effective judicial protection and










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order the defendant to pay the applicant’s costs.





Pleas in law and main arguments

By this action, under the second paragraph of Article 340 TFEU the applicant seeks from the General Court of the European Union, which has jurisdiction under Article 268 TFEU, reparation in respect of the damage it has suffered because of the defendant’s unlawful conduct.
The applicant maintains that that damage arose when the defendant, acting ultra vires and contrary to secondary EU law and to the general principles of EU law, imposed and, consequently, caused the reduction of the applicant’s bank deposits in Cyprus Popular Bank Public Co Ltd. (Laiki Τrapeza) and, in any event, contributed to it.
In particular, the applicant maintains that the defendant committed the following infringements of fundamental rights and general principles of EU law:






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First, infringement of the right to property;










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Second, infringement of the principle of equal treatment· and










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Third, infringement of the right to effective judicial protection and the principle of legal certainty.










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The applicant submits that the conditions, as laid down in settled case-law, for the defendant incurring non-contractual liability to pay compensation to it, are satisfied.