Case T-765/14: Action brought on 14 November 2014  — Legakis and Others v Council
Date: 2014-11-14
Institutions: General Court
Subjects: bank deposit, damages, equal treatment, indemnification, ownership, principle of legal certainty, right to justice








C_2015034EN.01004001.xml










2.2.2015   


EN


Official Journal of the European Union


C 34/40





Action brought on 14 November 2014 — Legakis and Others v Council
(Case T-765/14)
(2015/C 034/48)
Language of the case: Greek

Parties


Applicants: Georgios Legakis, Mirto Panagiota Legakis, Maria Legakis and Melina Legakis (Palaio Faliro, Greece) (represented by: V. Christianos, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicants claim that the General Court should:






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order the defendant to pay to the applicants the sum of EUR 1 9 91  194,40, as compensation for the damage caused to them by the defendant’s unlawful actions, with interest from the date when they were unlawfully deprived of their deposits (29/03/2013) until the date of delivery of the judgment in this case together with late payment interest from the date of delivery of the judgment on the issue in this case until full payment;










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in the alternative, order the defendant to pay to the applicants 95 % of the above sum, that is the sum of EUR 1 8 91  634,68, as compensation for the damage caused to them by the defendant’s unlawful actions, with interest from the date when they were unlawfully deprived of their deposits (29/03/2013) until the date of delivery of the judgment in this case together with late payment interest from the date of delivery of the judgment on the issue in this case until full payment;










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in the further alternative, itself determine the amount which the defendant should be ordered to pay to the applicants as compensation for the damage caused to them by the defendant’s unlawful actions;










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order the defendant to pay to the applicants the sum of EUR 20  000 for each of the applicants (that is, a total sum of EUR 80  000), as compensation for the non-material damage caused to them by the infringement of the principle of equal treatment;·










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order the defendant to pay to the applicants the sum of EUR 20  000 for each of the applicants (that is, a total sum of EUR 80  000), as compensation for the non-material damage caused to them by the infringement of the right to effective judicial protection, and










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order the defendant to pay the applicants’ costs.





Pleas in law and main arguments

By the present action the applicants seek, under the second paragraph of Article 340 TFEU, from the General Court of the European Union, which has jurisdiction under Article 268 TFEU, restitution for the damage suffered as a result of the defendant’s unlawful conduct.
The applicants submit that that damage occurred when the defendant, acting outside the limits of its competence and in breach of secondary EU law and of the general principles of EU law, imposed and therefore caused the impairment of the applicants’ bank deposits with the Cyprus Popular Bank Public Co Ltd. (‘Laiki Bank’) or, in any case, contributed to it.
In particular, the applicants submit that the defendant acted in breach of the following fundamental rights and general principles of EU law:






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first, infringement of the right to private property;·










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second, infringement of the principle of equal treatment, and










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third, infringement of the applicants’ right to judicial protection and of the principle of legal certainty.




The applicants submit that the conditions, stated in settled case-law, governing whether the defendant incurs non-contractual liability to make good the damage caused to them are satisfied.