Order of the General Court (Seventh Chamber) of 20 December 2019

1. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkCumulative conditionsOne of the conditions not satisfiedAction dismissed in its entirety

(Art. 340, second para. TFEU)

(see paras 14-16)

2. Non-contractual liabilityConditionsOmissions of EU institutionsRequirement that a legal duty to act be disregarded

(Art. 340, second para. TFEU

(see paras 17, 18)

3. Non-contractual liabilityConditionsSufficiently serious breach of a rule of law intended to confer rights on individualsRule of law intended to confer rights on individualsConceptObligation of the Commission to send reports to the European Parliament and to the Council in the context of the Cooperation and Verification Mechanism for RomaniaNot included

(Commission Decision 2006/928, Art. 2)

(see paras 31-34)

4. Non-contractual liabilityInfringement by the EU institutions of a legal obligation to actFailure by the Commission to adopt measures to ensure that Romania fulfils its obligations concerning the rule of law, the independence of the judiciary and the right to a fair trialFailure to adopt a decision to initiate proceedings for a declaration of failure to fulfil obligationsCommission's duty to actNoneNo illegality capable of rendering the EU non-contractually liable

(Art. 340, second para. TFEU; Protocol of 2005 concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union, Arts 37 and 38)

(see paras 35-40, 48, 49, 62-64)

5. Actions for damagesSubject matterClaim for compensation on account of damage caused by the national authorities acting in breach of EU lawJurisdiction of the national courts

(Arts 268 and 340, second and third paras TFEU)

(see paras 41, 42)

6. EU lawPrinciplesProtection of legitimate expectationsConditionsSpecific assurances given by the authorities

(see paras 44-46)

7. Non-contractual liabilityConditionsSufficiently serious breach of a rule of law intended to confer rights on individualsRule of law intended to confer rights on individualsConceptReports by the Commission concerning the application of a directiveCommission’s surveillance to ensure the application of EU lawNot included

(Art. 17 TEU; Art. 340, second para. TFEU; European Parliament and Council Directive 95/46, Art. 33)

(see paras 55, 56, 60)

8. Non-contractual liabilityConditionsUnlawfulnessCommission not initiating proceedings for failure to fulfil obligationsAct not amounting to unlawfulness

(Arts 258 and 340, second para. TFEU)

(see para. 58)

9. Judicial proceedingsMeasures of organisation of procedureMeasures of inquiryDiscretion of the General Court

(see paras 67-69)

Re:

Action under Article 270 TFEU seeking compensation for the harm allegedly suffered by the applicant as a result of the Commission’s failure to fulfil its obligations to ensure that Romania respects the rule of law, the independence of the judiciary and the right to a fair trial and of the Commission’s failure to fulfil its obligations relating to the protection of personal data.

Operative part

1. The action is dismissed.

2. Mr Daniel Dragomir shall pay the costs.