CELEX: 62019TN0753
Language: en
Date: 2019-11-07 00:00:00
Title: Case T-753/19: Action brought on 7 November 2019 — Ungureanu v Commission

2.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 68/42
            
         
      Action brought on 7 November 2019 — Ungureanu v Commission
      (Case T-753/19)
      (2020/C 68/51)
      Language of the case: Romanian
      
         Parties
      
      
         Applicant: Simeda Ungureanu (Cluj-Napoca, Romania) (represented by: R. Chiriță, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  find that the European Commission has failed to fulfil its obligation of ensuring that the Member States comply with the Treaties of the European Union and respect human rights as enshrined in the Charter of Fundamental Rights of the European Union;
               
            
                  —
               
               
                  order the defendant to pay compensation for the non-material damage caused, estimated at EUR 40 000;
               
            
                  —
               
               
                  order the defendant to remedy the existing omissions in the future.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant submits that the conditions for liability on the part of the European Commission are satisfied, since that institution failed to act in order to compel the Romanian State to comply with its obligations deriving from the Treaties of the European Union and from the right to life of its citizens, in so far as the Romanian State did not enact provisions enabling persons who are in particular situations and in respect of whom it is vital to administer medicinal products for therapeutic indications not included in the summary of product characteristics (off-label medicinal products) to have access to medical treatment.