Order of the General Court (Fourth Chamber) of 25 July 2023

Data

Court: General Court

Case date: 25 juli 2023

Verdict

Order of the General Court (Fourth Chamber) of 25 July 2023 –
D’Agostino v ECB

(Case T‑90/23)^(*)

"(Action for damages - Economic and monetary policy - Statement by the President of the ECB at a press conference - Division of powers between the decision-making bodies of the ECB - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link - Action manifestly lacking any foundation in law)"

Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkOne of those conditions not metAction dismissed in its entirety

(Art. 340, second and third para., TFEU)

(see paragraph 14)

Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of a rule of law intended to confer rights on individualsProvisions concerning the definition and implementation of the objectives of the European Union’s monetary policy and tasks of the European System of Central Banks (ESCB) and the European Central Bank (ECB)Statement by the President of the ECB at a press conferenceAbsence

(Arts 127 and 340, second and third para. TFEU; Protocol on the Statute of the European System of Central Banks and of the European Central Bank, Arts 3, 10, 11, 12, 13 and 38; Decision of the European Central Bank 2004/257, Arts 17.2 and 17.3)

(see paragraphs 15-17, 19-30)

Non-contractual liabilityConditionsCausal linkDamage suffered as a result of unlawful conduct by the European Central BankStatement by the President of the ECB at a press conferenceOne of the conditions not satisfiedAction manifestly lacking any foundation in law

(Art. 340, third para., TFEU)

(see paragraphs 31, 36-38)

Operative part

The action is dismissed as manifestly lacking any foundation in law.

Mr Aldo D’Agostino shall pay the costs.