Rectification order of 15 October 2019

In Joined Cases C‑447/17 P-REC and C‑479/17 P-REC,

TWO APPEALS under Article 56 of the Statute of the Court of Justice of the European Union, brought, respectively, on 25 July 2017 and 8 August 2017,

European Union, represented by the Court of Justice of the European Union, represented initially by J. Inghelram and K. Sawyer, and subsequently by J. Inghelram, acting as Agents,

appellant, the other parties to the proceedings being:

Guardian Europe Sàrl, established in Bertrange (Luxembourg), represented by C. O’Daly, Solicitor, and F. Louis, avocat,

applicant at first instance,

European Union, represented by the European Commission, represented by N. Khan, A. Dawes and C. Urraca Caviedes, acting as Agents,

defendant at first instance (C‑447/17 P),

and

Guardian Europe Sàrl, established in Bertrange, represented by C. O’Daly, Solicitor, and F. Louis, avocat,

appellant,

the other parties to the proceedings being:

European Union, represented by the Court of Justice of the European Union, represented initially by J. Inghelram and K. Sawyer, and subsequently by J. Inghelram, acting as Agents,

European Union, represented by the European Commission, represented by N. Khan, A. Dawes and C. Urraca Caviedes, acting as Agents,

defendants at first instance (C‑479/17 P),

THE COURT (First Chamber),

composed of R. Silva de Lapuerta (Rapporteur), Vice-President of the Court, acting as President of the First Chamber, J.-C. Bonichot and E. Regan, Judges,

Advocate General: M. Szpunar,

Registrar: A. Calot Escobar,

after hearing the Advocate General,

makes the following

Order

On 5 September 2019, the Court of Justice of the European Union (First Chamber) delivered the judgment European Union v Guardian Europe and Guardian Europe v European Union (C‑447/17 P and C‑479/17 P, EU:C:2019:672 ). That judgment contains, in the version in the language of the case, a clerical mistake which it is appropriate for the Court to rectify of its own motion under Article 154(1) of the Rules of Procedure of the Court, which applies to the procedure on appeal in accordance with Article 190(1) of those rules.

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

1. Paragraph 77 of the judgment of 5 September 2019, European Union v Guardian Europe and Guardian Europe v European Union (C‑447/17 P and C‑479/17 P, EU:C:2019:672 ), shall be rectified as follows:

   ‘Whilst, since no domestic remedy lies against a judicial decision of a court adjudicating at last instance, an action for damages against the State is the only means of redress serving to ensure that the infringed right is restored and that effective judicial protection of the rights which individuals derive from EU law is thereby provided, the same does not apply as regards decisions of courts of first instance since a domestic remedy lies against them, and therefore infringements of EU law arising from those decisions may be corrected or put right.’

2. The original of this order shall be annexed to the original of the rectified judgment. A note of this order shall be made in the margin of the original of the rectified judgment.

Luxembourg, 15 October 2019.

A. Calot Escobar

Registrar

R. Silva de Lapuerta

Acting as President of the First Chamber