CJEU Case T-350/23 / Judgment
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CJEU Case T-350/23 / Judgment
Key facts of the case:
Non-contractual liability – State aid – Intervention of the Commission as amicus curiae before a national court – Unlawfulness of the conduct alleged against the EU institution – Plea of illegality – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Article 29(2) of Regulation (EU) 2015/1589 – Principles of separation of powers, independence of national courts, right to an effective remedy, impartiality and neutrality
Outcome of the case:
On those grounds,
THE GENERAL COURT (Second Chamber)
hereby:
- Dismisses the action;
- Orders Mr Rems Kargins to bear his own costs and to pay those incurred by the European Commission;
- Orders the Council of the European Union to bear its own costs.
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Paragraphs referring to EU Charter
26. The applicant asks the Court to declare, incidentally, that Article 29(2) of Regulation 2015/1589 is inapplicable, since it lacks a legal basis, infringes several provisions of EU law, namely Article 267 TFEU, the second subparagraph of Article 108(2) TFEU and Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and does not offer sufficient procedural safeguards.
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54. Accordingly, it is the procedural safeguards provided for under national law that are applicable in the context of the national proceedings in question; that law is deemed to comply with Article 19 TEU and Article 47 of the Charter. The applicant’s argument that the mechanism provided for in Article 29 of Regulation 2015/1589 does not provide sufficient procedural safeguards must therefore be rejected.
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Paragraphs referring to EU Charter (original language)