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CJEU Case C-346/17 P / Judgment

Christoph Klein v European Commission

Policy area:
Institutional affairs
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Third Chamber)
Decision date:
06/09/2018

Key facts of the case:

Appeal — Second paragraph of Article 340 TFEU — Non-contractual liability of the European Union — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Absence of a decision by the European Commission — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link between the conduct of the institution and the damage alleged — Evidence of the existence and extent of the damage.

Outcome of the case:

On those grounds, the Court (Third Chamber) hereby:

  1. Sets aside the judgment of the General Court of the European Union of 28 September 2016, Klein v Commission (T‑309/10 RENV, not published, EU:T:2016:570), in so far as it held that Mr Christoph Klein had not established the existence of a direct and sufficient causal link capable of engaging the European Union’s liability;
  2. Dismisses the appeal as to the remainder;
  3. Dismisses the action brought by Mr Christoph Klein seeking compensation for the damage allegedly sustained following a breach by the European Commission of its obligations under Article 8 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices;
  4. Orders Mr Christoph Klein and the European Commission to bear their own costs in relation to both the proceedings at first instance and the appeal proceedings;
  5. Orders the Federal Republic of Germany to bear its own costs in relation to the proceedings at first instance.