Official Journal of the European Union

C 61/8

(Case T-309/10) (<span class="super">1</span>)

(Non-contractual liability - Medical devices - Articles 8 and 18 of Directive 93/42/EEC - Failure of the Commission to act following notification of a decision prohibiting placing on the market - Sufficiently serious breach of a legal rule conferring rights on individuals)

2014/C 61/12

Language of the case: German

Parties

Applicant: Christoph Klein (Großgmain, Austria) (represented by: D. Schneider-Addae-Mensah, lawyer)

Defendant: European Commission (represented by: A. Sipos and G. von Rintelen, acting as Agents, assisted by C. Winkler, lawyer)

Intervener in support of the defendant: Federal Republic of Germany (represented initially by T. Henze and N. Graf Vitzthum, and subsequently by T. Henze and J. Möller, acting as Agents)

Re:

Action for damages, on the basis of the combined provisions of Article 268 TFEU and the second paragraph of Article 340 TFEU, seeking compensation for the injury allegedly suffered by the applicant as a result of the Commission’s breach of its obligations under Article 8 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Christoph Klein to bear his own costs and to pay those incurred by the European Commission;

3.Orders the Federal Republic of Germany to bear its own costs.

(<span class="super">1</span>) OJ C 347, 26.11.2011.