CELEX: 62020TB0771
Language: en
Date: 2021-11-10 00:00:00
Title: Case T-771/20: Order of the General Court of 10 November 2021 — KS and KD v Council and Others (Action for damages — Common foreign and security policy — Eulex Kosovo mission — Manifest lack of jurisdiction)

17.1.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/37
            
         
      Order of the General Court of 10 November 2021 — KS and KD v Council and Others
      (Case T-771/20) (1)
      
      (Action for damages - Common foreign and security policy - Eulex Kosovo mission - Manifest lack of jurisdiction)
      (2022/C 24/49)
      Language of the case: English
      
         Parties
      
      
         Applicants: KS, KD (represented by: F. Randolph QC and J. Stojsavljevic-Savic, Solicitor)
      
         Defendants: Council of the European Union (represented by: A. Vitro, P. Mahnič and K. Kouri, acting as Agents), European Commission (represented by: Y. Marinova and J. Roberti di Sarsina, acting as Agents), European External Action Service (EEAS) (represented by: S. Marquardt, S. Rodríguez Sánchez-Tabernero and E. Orgován, acting as Agents)
      
         Re:
      
      Application under Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicants as a result of various acts and omissions by the Council, the Commission and the EEAS in the implementation of Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ 2008 L 42, p. 92), and, in particular, during the investigations that were carried out, during that mission, into the disappearance and killing of the applicants’ family members in 1999 in Pristina (Kosovo).
      
         Operative part of the order
      
      
                  1.
               
               
                  The action is dismissed since the Court manifestly lacks jurisdiction to hear and determine it.
               
            
                  2.
               
               
                  KS and KD shall bear their own costs and pay those incurred by the Council of the European Union and the European Commission.
               
            
                  3.
               
               
                  The European External Action Service (EEAS) shall bear its own costs.
               
            
         (1)  OJ C 62, 22.2.2021.