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CJEU - C 611/12 P / Judgment

Giordano v Commission

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
COURT (Grand Chamber)
Decision date:
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.