CELEX: 62019CN0680
Language: en
Date: 2019-09-12 00:00:00
Title: Case C-680/19 P: Appeal brought on 12 September 2019 by Fulmen against the judgment of the General Court (First Chamber) delivered on 2 July 2019 in Case T-405/15, Fulmen v Council

4.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 372/26
            
         
      Appeal brought on 12 September 2019 by Fulmen against the judgment of the General Court (First Chamber) delivered on 2 July 2019 in Case T-405/15, Fulmen v Council
      (Case C-680/19 P)
      (2019/C 372/28)
      Language of the case: French
      
         Parties
      
      
         Appellant: Fulmen (represented by: A. Bahrami, N. Korogiannakis, lawyers)
      
         Other parties to the proceedings: Council of the European Union, European Commission
      
         Form of order sought
      
      Primarily:
      
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                  set aside the judgment under appeal in part;
               
            
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                  give final judgment in the matter;
               
            
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                  order the Council to pay Fulmen the sum of EUR 6 456 507 in respect of material damage and EUR 100 000 in respect of non-material damage, together with default interest;
               
            
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                  order the Council to pay all of the costs.
               
            In the alternative:
      
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                  set aside the judgment under appeal in part;
               
            
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                  refer the case back to the General Court;
               
            
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                  order the Council to pay all of the costs.
               
            
         Pleas in law and main arguments
      
      Concerning the material damage, the General Court, in the first place, erred in law, infringed the principle of full reparation and deprived Article 340(2) TFEU and Article 41(3) of the Charter of Fundamental Rights of their practical effect. The standard of proof required by the General Court made any compensation for the harm suffered impossible, despite the existence of a sufficiently serious and flagrant breach of EU law. In the second place, the judgment under appeal was vitiated by an error of law and by contradictory reasoning. In the third place, the General Court distorted the evidence and the facts.
      Concerning the non-material damage, the judgment under appeal contains no statement of reasons as regards the criteria taken into account in order to assess ex aequo et bono the amount of the compensation.