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CJEU Joined Cases C-174/17 P and C-222/17 P / Judgment

European Union v Plásticos Españoles SA (ASPLA) and Armando Álvarez SA

Policy area:
Institutional affairs
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Type:
Decision
Decision date:
13/12/2018

Key facts of the case:

Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in two cases before the General Court of the European Union — Compensation for damage allegedly suffered by the applicants — Material damage — Bank guarantee charges — Causal link — Default interest.

Outcome of the case:

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

  1. Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 17 February 2017, ASPLA and Armando Álvarez v European Union (T‑40/15, EU:T:2017:105);
  2. Dismisses the appeal in Case C‑222/17 P brought by Plásticos Españoles SA (ASPLA) and Armando Álvarez SA;
  3. Dismisses the claim for damages brought by Plásticos Españoles SA (ASPLA) and Armando Álvarez SA inasmuch as it seeks to obtain compensation in the amount of EUR 3495 038.66 for the material damage suffered as a result of the fact that the reasonable time for adjudicating was exceeded in the cases which gave rise to the judgments of 16 November 2011, ASPLA v Commission (T‑76/06, not published, EU:T:2011:672), and of 16 November 2011, Álvarez v Commission (T‑78/06, not published, EU:T:2011:673);
  4. Orders Plásticos Españoles SA (ASPLA) and Armando Álvarez SA to bear their own costs and to pay all the costs incurred by the European Union, represented by the Court of Justice of the European Union, in relation to the present appeals, and to bear their own costs at first instance;
  5. Orders the European Union, represented by the Court of Justice of the European Union, to bear its own costs incurred at first instance;
  6. Orders the European Commission to bear its own costs of both the proceedings at first instance and of the appeal in Case C‑174/17 P.