Case C-686/25, Aliki: Request for a preliminary ruling from the Eidiko Dikastirio Agogon Kakodikias (Greece) lodged on 27 October 2025 – FN v ZB, YC
Date: 2025-10-27
Institutions: Court of Justice
Subjects: European Public Prosecutor's Office, Protocol (EU), civil liability proceedings, constitution, courts and tribunals, indemnification, jurisdiction








C_202600446EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/446


2.2.2026






Request for a preliminary ruling from the Eidiko Dikastirio Agogon Kakodikias (Greece) lodged on 27 October 2025 – FN v ZB, YC


(Case C-686/25, Aliki
                (1)
)

(C/2026/446)
Language of the case: Greek

Referring court

Eidiko Dikastirio Agogon Kakodikias

Parties to the main proceedings


Applicant: FN

Defendants: ZB, YC

Questions referred







(1)


In the light of Articles 268 and 340 of the Treaty on the Functioning of the European Union, Article 47 of the Charter of Fundamental Rights of the European Union and the principle of equivalence governing the interpretation and application of EU law by the courts of the Member States, must Article 42(4) and Article 113(3) and (5) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ 2017 L 283, pp 1-71) be interpreted as precluding the jurisdiction of a court of a Member State which participates in the establishment and functioning of the European Public Prosecutor’s Office to hear and determine, on the basis of an action having the institutional characteristics of actions for damages against judges and prosecutors laid down in Article 99(1) of the Greek Constitution, compensation proceedings relating to the personal liability of a European Delegated Prosecutor, in accordance with Articles 8(4) and 13 of that regulation, for acts or omissions in the performance of his or her duties under that regulation?










(2)


If the answer to the first question is in the negative, in the light of the first paragraph of Article 17 of Protocol (No 7) on the Privileges and Immunities of the European Union (OJ 2016 C 202, p. 266), which provides that ‘privileges, immunities and facilities shall be accorded to officials and other servants of the Union solely in the interests of the Union’, must Article 96(5) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO) (OJ 2017 L 283, pp 1-71), which provides that ‘the Protocol on the Privileges and Immunities of the European Union shall apply to the EPPO and its staff’, be interpreted as meaning that the immunity from legal proceedings enjoyed by officials and other servants of the European Union, within the meaning of Article 11(a) of that protocol, is also extended to the European Delegated Prosecutors, to which Article 8(4) and Article (13) of that regulation refer, with regard to the review of their personal liability by the courts of the Member States involved in the establishment and operation of the EPPO on the basis of an action having the institutional characteristics of actions for damages against judges and prosecutors laid down in Article 99(1) of the Greek Constitution?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.


ELI: http://data.europa.eu/eli/C/2026/446/oj
ISSN 1977-091X (electronic edition)