Notices for publication in the OJ nº T-768/17 of Tribunal General de la Unión Europea, January 26, 2018

• Resolution Date: January 26, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-768/17

Action brought on 22 November 2017 - Comprojecto-Projectos e Construções and Others v ECB

(Case T-768/17)

Language of the case: Portuguese

Parties

Applicants: Comprojecto-Projetos e Construções, Lda. (Lisbon, Portugal), Paulo Eduardo Matos Gomes de Azevedo (Lisbon), Julião Maria Gomes de Azevedo (Lisbon), Isabel Maria Matos Gomes de Azevedo (Lisbon) (represented by: M. A. Ribeiro, lawyer)

Defendant: European Central Bank

Form of order sought

The applicants claim that the General Court should:

Annul the contested acts, in particular:

(i) The defendant’s decision to refuse to act;

(ii) The defendant’s decision not to initiate infringement proceedings;

(iii) The decision of the Governor of the Banco de Portugal and of the other ‘officials’ who took a position on the complaints and claims presented between 26 June 2013 and 22 April 2015.

On those grounds, they request the General Court to make a ruling:

(i) That allows the applicants to annul the decision of the judges concerning the claim for compensation brought against the BCP [Banco Comercial Português];

(ii) That allows the applicants to bring an action for recovery against the Portuguese State;

(iii) That allows an assessment to be made as to whether the Member State /Prosecution Service/OPG [Office of the Prosecutor General] had reasons to refuse to intervene in the civil action;

(iv) That allows an assessment to be made as to whether the Member State /Prosecution Service/OPG had valid grounds not to report this case to OLAF.

If the Court considers that the applicants’ claims are well founded, order the ECB, under the provisions of the articles 268 TFEU and 340 TFEU, to pay the amount of EUR 4 582 825.80, plus interest for late payment, calculated at the legal rate, which accrues until actual payment, together with such other expenses and compensation for damages arising after the interventions made;

However, taking into account the provisions of Article 280 TFEU and that the acts ‘of the European Central Bank which impose a pecuniary obligation on persons other than States, shall be enforceable’, as provided for in Article 299 TFEU, the General Court must require the defendant to request that such amounts be settled by the BCP;

Taking into account that the national central bank is the ‘administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings’, in accordance with the provisions of Article 11(1)(b) of Directive 2005/29/EC...