Case C-363/22 P: Judgment of the Court (Fifth Chamber) of 11 January 2024 — Planistat Europe SARL, Hervé-Patrick Charlot v European Commission (Appeal — Second paragraph of Article 340 TFEU — Non-contractual liability of the European Union — Regulation (EC) No 1073/1999 — Investigations conducted by the European Anti-Fraud Office (OLAF) — External investigation by OLAF — ‘Eurostat’ case — Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation — Filing of a complaint by the European Commission before the conclusion of the OLAF investigation — National criminal proceedings — Ruling that there is no need to adjudicate which has become final — Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals — Material and non-material damage allegedly suffered by the appellants — Actions for damages)
Date: 2024-01-11
Institutions: Court of Justice
Subjects: European Anti-fraud Office, Eurostat, criminal proceedings, damages, disclosure of information, infringement of EU law








C_202401505EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1505


26.2.2024





Judgment of the Court (Fifth Chamber) of 11 January 2024 — Planistat Europe SARL, Hervé-Patrick Charlot v European Commission
(Case C-363/22 P) (1)

(Appeal - Second paragraph of Article 340 TFEU - Non-contractual liability of the European Union - Regulation (EC) No 1073/1999 - Investigations conducted by the European Anti-Fraud Office (OLAF) - External investigation by OLAF - ‘Eurostat’ case - Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation - Filing of a complaint by the European Commission before the conclusion of the OLAF investigation - National criminal proceedings - Ruling that there is no need to adjudicate which has become final - Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals - Material and non-material damage allegedly suffered by the appellants - Actions for damages)
(C/2024/1505)
Language of the case: French

Parties


Appellants: Planistat Europe SARL, Hervé-Patrick Charlot (represented by: F. Martin Laprade, avocat)

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

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of 6 April 2022, Planistat Europe and Charlot v Commission (T-735/20, EU:T:2022:220), in so far as, by that judgment, the General Court rejected the action, to the extent that it sought compensation for the non-material damage allegedly suffered by Mr Hervé-Patrick Charlot as a result of the criminal proceedings initiated against him before the French judicial authorities;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the General Court of the European Union;










4.


Reserves the costs.






(1)  
            OJ C 303, 8.8.2022.


ELI: http://data.europa.eu/eli/C/2024/1505/oj
ISSN 1977-091X (electronic edition)