CELEX: 62008CO0114
Language: en
Date: 2008-07-17 00:00:00
Title: Order of the President of the Court of 17 July 2008. # Rosario Maria Pellegrini v Commission of the European Communities. # Appeals - Applications for interim measures - Non-contractual liability of the Community - Commission’s failure to act - Payment on a provisional basis of the amount claimed in the main proceedings - No prima facie case. # Case C-114/08 P(R).

Order of the president of the Court of 17 July 2008 – Pellegrini v Commission
      (Case C‑114/08 P(R))
      Appeals – Applications for interim measures – Non-contractual liability of the Community – Commission’s failure to act – Payment on a provisional basis of the amount claimed in the main proceedings – No prima facie case
      1.                     Actions for damages – Subject-matter – Action for damages alleging that a decision taken by a national body on implementing
            Community  legislation was unlawful – Jurisdiction of the Court – Conditions – Whether the alleged unlawful conduct can be
            attributed to a Community institution (Arts 235 EC and 288, second para., EC) (see paras 17-19)
      2.                     Non-contractual liability – Conditions – Unlawfulness – Fact that the Commission did not initiate infringement proceedings
            – Not unlawful (Arts 226 EC and 288, second para., EC) (see paras 20-22)
      Re: 
      
         Appeal brought against order of the President of the Court of First Instance of 7 January 2008 in Case T-375/07 R
                Rosario Maria Pellegrini
                v 
               Commission
                 rejecting the application for interim measures requesting that the Commission be ordered to pay compensation, on a provisional
                  basis, for the financial damage allegedly suffered by the applicant because of the Commission’s failure to ensure full application
                  and correct interpretation of the provisions of Community law governing the activities of financial intermediaries.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Rosario Maria Pellegrini to pay his own costs relating to the present procedure.