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CJEU Case C-346/17 P / Opinion

Christoph Klein v European Commission

Policy area:
Institutional affairs
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
21/03/2018

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:

Having regard to the foregoing considerations, I propose that the Court should:

  1. Set 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 part in that it dismissed Mr Christoph Klein’s action on the ground that he had not established a direct and sufficient causal link, capable of rendering the European Union liable, with the alleged harm;
  2. Dismiss the remainder of the appeal;
  3. Refer the case back to the General Court of the European Union;
  4. Reserve the costs.