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Case C-346/17 P: Judgment of the Court (Third Chamber) of 6 September 2018 — Christoph Klein v European Commission, Federal Republic of Germany (Appeal — Second paragraph of Article 340 TFEU — Non-contractual liability of the European Union — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Absence of a decision by the European Commission — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link between the conduct of the institution and the damage alleged — Evidence of the existence and extent of the damage)
ECLI:EU:UNKNOWN:62017CA0346
62017CA0346
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5.11.2018
Official Journal of the European Union
C 399/9
(Case C-346/17 P) (<span class="super note-tag">1</span>)
((Appeal - Second paragraph of Article 340 TFEU - Non-contractual liability of the European Union - Directive 93/42/EEC - Medical devices - Article 8(1) and (2) - Safeguard clause procedure - Notification by a Member State of a decision prohibiting the placing on the market of a medical device - Absence of a decision by the European Commission - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link between the conduct of the institution and the damage alleged - Evidence of the existence and extent of the damage))
(2018/C 399/11)
Language of the case: German
Parties
Appellant: Christoph Klein (represented by: H.-J. Ahlt, Rechtsanwalt)
Other parties to the proceedings: European Commission (represented by: G. von Rintelen, A. Sipos and A.C. Becker, acting as Agents), Federal Republic of Germany
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 28 September 2016, Klein v Commission (T-309/10 RENV, not published, EU:T:2016:570), in so far as it held that Mr Christoph Klein had not established the existence of a direct and sufficient causal link capable of engaging the European Union’s liability;
2.Dismisses the appeal as to the remainder;
3.Dismisses the action brought by Mr Christoph Klein seeking compensation for the damage allegedly sustained following a breach by the European Commission of its obligations under Article 8 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices;
4.Orders Mr Christoph Klein and the European Commission to bear their own costs in relation to both the proceedings at first instance and the appeal proceedings;
5.Orders the Federal Republic of Germany to bear its own costs in relation to the proceedings at first instance.
(<span class="note"> <a id="ntr1-C_2018399EN.01000902-E0001" href="#ntc1-C_2018399EN.01000902-E0001">*1</a> </span> ) OJ C 300, 11.9.2017.