Joined Cases C-619/20 P and C-620/20 P: Judgment of the Court (Second Chamber) of 22 September 2022 — International Management Group (IMG) v European Commission (Appeal — Development cooperation — Implementation of the EU budget under indirect management by an international organisation — Decision to not entrust any new budget implementation tasks to an entity due to doubts as to its status as an international organisation — Action for annulment — Compliance with a judgment annulling a measure — Res judicata — Obligations and powers of the author of the annulled act — Preparatory act — Admissibility — Claim for damages — Rule of law intended to confer rights on individuals — EU financial regulations — Duty of diligence — Existence of a sufficiently serious infringement of that obligation — Specific examination on a case-by-case basis — Non-material harm — Appropriate and sufficient compensation by the annulment of the unlawful act — Material harm — Dispute not in a condition to be adjudicated upon — Referral back to the General Court)
Date: 2022-09-22
Institutions: Court of Justice
Subjects: EU budget, EU financing, Myanmar/Burma, admissibility, damages, development aid, financing of aid, implementation of the budget, indemnification, international organisation








C_2022424EN.01000701.xml










7.11.2022   


EN


Official Journal of the European Union


C 424/7






Judgment of the Court (Second Chamber) of 22 September 2022 — International Management Group (IMG) v European Commission
(Joined Cases C-619/20 P and C-620/20 P) (1)

(Appeal - Development cooperation - Implementation of the EU budget under indirect management by an international organisation - Decision to not entrust any new budget implementation tasks to an entity due to doubts as to its status as an international organisation - Action for annulment - Compliance with a judgment annulling a measure - Res judicata - Obligations and powers of the author of the annulled act - Preparatory act - Admissibility - Claim for damages - Rule of law intended to confer rights on individuals - EU financial regulations - Duty of diligence - Existence of a sufficiently serious infringement of that obligation - Specific examination on a case-by-case basis - Non-material harm - Appropriate and sufficient compensation by the annulment of the unlawful act - Material harm - Dispute not in a condition to be adjudicated upon - Referral back to the General Court)
(2022/C 424/07)
Language of the case: French

Parties


Appellant: International Management Group (IMG) (represented by: J.-Y. de Cara and L. Levi, lawyers)

Other party to the proceedings: European Commission (represented by: J. Baquero Cruz and J. Norris, acting as Agents)

Operative part of the judgment

The Court:






1.


Joins Cases C-619/20 P and C-620/20 P for the purposes of the judgment;










2.


Dismisses the appeal in Case C-377/20 P;










3.


Sets aside the judgment of the General Court of the European Union of 9 September 2020, IMG v Commission (T-381/15 RENV, EU:T:2020:406), in so far as it dismissed as unfounded the claim for damages brought by International Management Group (IMG) relating to the harm that was caused to it by the decision of the European Commission to no longer enter into new delegation agreements for indirect management with it, contained in the letter from that institution of 8 May 2015;










4.


Dismisses the appeal in Case C-620/20 P as to the remainder;










5.


Dismisses the action in Case T-381/15 RENV in so far as it relates to the claim for damages for the non-material harm that the decision referred to in point 3 of this operative part has caused to International Management Group (IMG);










6.


Refers Case T-381/15 RENV back to the General Court of the European Union for a ruling on the claim referred to in point 3 of this operative part, in so far as it relates to the material harm relied on by International Management Group (IMG);










7.


Orders International Management Group (IMG) to pay the costs in Case C-619/20 P;










8.


Reserves the costs in Cases C-620/20 P and T-381/15 RENV.






(1)  OJ C 28, 25.1.2021.