CELEX: 62010TA0309(01)
Language: en
Date: 2016-09-28 00:00:00
Title: Case T-309/10 RENV: Judgment of the General Court of 28 September 2016 — Klein v Commission (Non-contractual liability — Directive 93/42/EEC — Harmonised system for the safety and health protection of patients, users and, where appropriate, other persons, with regard to the use of medical devices — Article 8 — Notification of a decision prohibiting placing on the market — No position adopted by the Commission — Article 18 — Wrongful CE marking — Harm — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link)

7.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 410/10
            
         Judgment of the General Court of 28 September 2016 — Klein v Commission
   (Case T-309/10 RENV) (1)
   
   ((Non-contractual liability - Directive 93/42/EEC - Harmonised system for the safety and health protection of patients, users and, where appropriate, other persons, with regard to the use of medical devices - Article 8 - Notification of a decision prohibiting placing on the market - No position adopted by the Commission - Article 18 - Wrongful CE marking - Harm - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link))
   (2016/C 410/11)
   Language of the case: German
   
      Parties
   
   
      Applicant: Christoph Klein (Großgmain, Austria) (represented initially by: H.-J. Ahlt and M. Ahlt, and subsequently by: H.-J. Ahlt, lawyers)
   
      Defendant: Commission (represented by: A. Sipos and G. von Rintelen, acting as Agents, and C. Winkler, lawyer)
   
      Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)
   
      Re:
   
   Application on the basis of Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant as a result of the breach by the Commission of its obligations under Article 8 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mr Christoph Klein, the European Commission and the Federal Republic of Germany to bear their own costs.
            
         
      (1)  OJ C 347, 26.11.2011.