In a judgment issued on Thursday 6 June, the EU General Court dismissed a second action brought by John Dalli (case T-399/17). The former European Commissioner, who was forced to resign against his will, was seeking compensation for the damage he claims to have suffered.
In May 2015, the European Union General Court rejected Dalli’s first action, where he sought the annulment of the verbal decision made by José Manuel Barroso, former President of the European Commission, who asked Dalli to resign following a case involving an attempt to buy influence in connection with Dalli’s remit as Health Commissioner (see EUROPE 11313/6). The Court’s decision to reject Dalli’s claim was subsequently confirmed by the EU Court of Justice (see EUROPE 11532/27).
In today's judgment, the General Court found Dalli's second action admissible because it had not passed judgment on the alleged unlawful conduct of the Commission or the European Anti-Fraud Office (OLAF) in the previous case).
In substance, the judge stressed that, in order for the condition relating to the institutions’ alleged illegal conduct to be upheld, case law requires that a sufficiently serious breach of a rule of law intended to confer rights on individuals be established.
However, after examining the nine complaints put forward by Mr Dalli, the General Court stated that Dalli had failed to show the existence of unlawful conduct on the part of OLAF and the Commission and had failed to establish the existence of a sufficiently direct causal link between the conduct complained of and the damage alleged, or even the existence of the latter.
To read the judgment, go to: http://bit.ly/2I1ImJv (Original version in French by Mathieu Bion)