CJEU - C 611/12 P / Judgment Giordano v Commission

Key facts of the case:
 
(Appeals — Common fisheries policy — Fishing quotas — Emergency measures adopted by the Commission — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Actual and certain harm — Individual fishing rights)
 
Results (sanctions) and key consequences of the case:
 
55. Under Article 184(2) of the Rules of Procedure of the Court of Justice, where the appeal is well founded and the Court itself gives final judgment in the case, the Court is to make a decision as to costs. Under Article 138(2) of those Rules, applicable to appeal proceedings by virtue of Article 184(1) thereof, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. 
 
56. As Mr Giordano’s appeal has been upheld but his action for damages has been dismissed, Mr Giordano and the Commission shall bear their own costs. 
 
On those grounds, the Court (Grand Chamber) hereby
  1. Sets aside the judgment of the General Court of the European Union in Giordano v Commission (T‑114/11, EU:T:2012:585);
  2. Dismisses the action for damages brought by Mr Jean-François Giordano in Case T‑114/11;
  3. Orders Mr Jean-François Giordano and the Commission to bear their own costs.
Paragraphs referring to EU Charter: 

 

47. In the second place, Mr Giordano claims that the adoption of Regulation No 530/2008 has led to a restriction of his activity, which is incompatible with his right to pursue and carry out his occupation, as guaranteed by Article 15 of the Charter of Fundamental Rights of the European Union (‘the Charter’), and with his right to property, as guaranteed by the first paragraph of Article 17 of the Charter.