Case T-381/15 RENV II: Judgment of the General Court of 4 September 2024 – IMG v Commission (Non-contractual liability – EU Financial Regulations – Implementation of the EU budget under indirect management by an international organisation – Decision refusing to recognise a legal person as an international organisation – Sufficiently serious breach of a rule of law conferring rights on individuals – Duty of diligence – Material damage – Loss of opportunity to conclude indirect management agreements with the Commission as an international organisation and to receive the corresponding administrative costs – Causal link – Requirement of a direct and certain causal link – Unlawful act found has no bearing on the status of international organisation necessary for compensation – Occurrence of an event subsequent to the unlawful act which may be taken into account by the EU Courts – Retroactive decision finding that the status of international organisation necessary for compensation had not been achieved during the period in question)
Date: 2024-09-04
Institutions: General Court
Subjects: EU budget, financial regulation, fundamental rights, implementation of the budget, indemnification, international organisation, legal person, retroactivity of a law








C_202406083EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6083


21.10.2024






Judgment of the General Court of 4 September 2024 – IMG v Commission


(Case T-381/15 RENV II)
                (1)

(Non-contractual liability - EU Financial Regulations - Implementation of the EU budget under indirect management by an international organisation - Decision refusing to recognise a legal person as an international organisation - Sufficiently serious breach of a rule of law conferring rights on individuals - Duty of diligence - Material damage - Loss of opportunity to conclude indirect management agreements with the Commission as an international organisation and to receive the corresponding administrative costs - Causal link - Requirement of a direct and certain causal link - Unlawful act found has no bearing on the status of international organisation necessary for compensation - Occurrence of an event subsequent to the unlawful act which may be taken into account by the EU Courts - Retroactive decision finding that the status of international organisation necessary for compensation had not been achieved during the period in question)
(C/2024/6083)
Language of the case: French

Parties


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

Defendant: European Commission (represented by: J. Baquero Cruz and J. Norris, acting as Agents)

Re:

By its action based on Article 268 TFEU, the applicant seeks compensation for the financial harm it claims to have suffered as a result of the European Commission’s decision of 8 May 2015 to no longer enter into new delegation agreements with it using the indirect management method provided for by the EU Financial Regulations for the benefit of international organisations until its legal status has been definitively clarified.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Commission, in Cases T-381/15, T-381/15 RENV, C-620/20 P and T-381/15 RENV II, to bear its own costs and half of the costs incurred by International Management Group (IMG).






(1)  
            OJ C 337, 12.10.2015.


ELI: http://data.europa.eu/eli/C/2024/6083/oj
ISSN 1977-091X (electronic edition)