Case T-198/24: Action brought on 13 April 2024 – DM and DN v EUBAM Libya
Date: 2024-04-13
Institutions: General Court
Subjects: EU police mission, Libya, arrest, border control, consortium, damages, interest, personal weapon, services contract, staff








C_202404731EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4731


5.8.2024






Action brought on 13 April 2024 – DM and DN v EUBAM Libya


(Case T-198/24)

(C/2024/4731)
Language of the case: French

Parties


Applicants: DM and DN (represented by: T. Bontinck, M. Brésart and F. Patuelli, lawyers)

Defendant: European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

Form of order sought

The applicants claim that the Court should:






—


(1) find that EUBAM Libya is liable for the damage suffered by the applicants from 11 April 2023 and, consequently:






—


principally, and subject to increase during the proceedings:






—


order EUBAM Libya alone to pay the sum of EUR 2 000 000 to DM in respect of the non-material damage he has suffered;










—


order EUBAM Libya alone to pay the sum of EUR 2 000 000 to DN in respect of the non-material damage he has suffered;










—


order EUBAM Libya alone to pay DM:






—


a provisional sum of EUR 19 710, to be increased during the proceedings and until consolidation, in respect of the material damage he has suffered owing to his temporary total incapacity; otherwise










—


a provisional sum of EUR 763 542 in respect of the material damage he has suffered owing to his permanent partial incapacity














—


order EUBAM Libya alone to pay DN:






—


a provisional sum of EUR 18 075, to be increased during the proceedings and until consolidation, in respect of the material damage he has suffered owing to his temporary total incapacity; otherwise










—


a provisional sum of EUR 899 110 in respect of the material damage he has suffered owing to his permanent partial incapacity


















—


order EUBAM Libya alone to pay EUR 10 090 to DM in respect of the financial damage he has suffered;










—


order EUBAM Libya alone to pay EUR 2 730 to DN in respect of the financial damage he has suffered;














—


in the alternative, order EUBAM Libya to pay in solidum the sums set out in point (1) above, subject to increase during the proceedings;










—


rule that the sums set out in point (1) above are to be paid together with default interest from delivery of the judgment and until full payment, at the rate established by the European Central Bank for its main refinancing operations, plus two percentage points;










—


(2) order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law, alleging infringement of legitimate expectations.
The applicants allege an infringement of legitimate expectations by EUBAM Libya on the ground that they were arrested and detained owing to the fact that they did not hold proper licences to carry weapons, even though EUBAM Libya had given them precise, unconditional and consistent assurances that such licences had been obtained.










2.


Second plea in law, alleging breach of the principle of good administration.
The applicants argue that EUBAM Libya, by failing to verify, with the required care and caution, the existence and validity of the visas and licences that were necessary for the performance of the applicants’ duties, taking account of the risks of detention, committed a sufficiently serious breach of the duty of good administration established in Article 41 of the Charter of Fundamental Rights of the European Union.










3.


Third plea in law, alleging breach of the service framework contract.
The applicants submit that EUBAM Libya disregarded its obligations under the service framework contract which is binding on EUBAM Libya and a consortium of undertakings which employed the applicants. Those failings concern obligations related to the obtaining of visas, licences for the carrying of weapons and radio communication equipment.






ELI: http://data.europa.eu/eli/C/2024/4731/oj
ISSN 1977-091X (electronic edition)