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

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:
Advocate General
Type:
Opinion
Decision date:
25/07/2018

Key facts of the case:

Appeal — Admissibility — Non-contractual liability — Reasonable duration of the proceedings — Court of Justice of the European Union — Obligation to adjudicate within a reasonable time — Material damage — Bank guarantee charges — Interest — Causal link.

Outcome of the case:

Having regard to all the above considerations, I propose that the Court of Justice:

  • set aside point 1 of the operative part of the judgment of the General Court of 17 February 2017, ASPLA and Armando Álvarez v European Union, T‑40/15;
  • dismiss the appeal lodged by ASPLA and Armando Álvarez;
  • dismiss ASPLA and Armando Álvarez’s claim for compensation of EUR 3495 038.66 in respect of the material damage suffered as a result of the General Court’s failure to adjudicate within a reasonable time in Cases T‑76/06 and T‑78/06;
  • order ASPLA and Armando Álvarez to bear their own costs and the costs of the European Union, represented by the Court of Justice of the European Union, in relation to both instances;
  • order the European Commission to bear its own costs in relation to both instances.