Source: All England Reporter
Publisher Citation: [2007] All ER (D) 351 (Jun)
Court: Court of Justice of the European Communities

Judges Timmermans (President), Kuris, Schiemann (Rapporteur), Bay Larsen and Bonichot

Judgment Dates: 28 June 2007


European Community - Community institutions - Application for damages against Community institution - Costs of proceedings before European Ombudsman - Whether costs recoverable as damages - EC Treaty, art 288.

The Case

European Community Community institutions. As persons making complaints before the European Ombudsman were free to choose to do so, the costs incurred in making such a complaint could not be regarded as damage caused by the actions of the European institution impugned in that complaint. Accordingly, those costs incurred by the applicant were not recoverable as damages under the second paragraph of art288 of the EC Treaty.

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