EN

Official Journal of the European Union

C 35/39

(Case C-742/22 SA)

(2023/C 35/47)

Language of the case: Greek

Parties

Applicant: Ntinos Ramon (represented by: Achilleas Dimitriadis, Charalampos Pogiatzis and Alexandros Dimitriadis, lawyers, and Pavlos Eleftheriadis, Barrister)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—order waiver of the immunity of the European Commission under Article 1 of the Protocol (No 7) on the privileges and immunities of the European Union and authorise service and enforcement of the garnishee order nisi dated 23 June 2022 issued by the Eparchiako Dikastirio Ammochostou (District Court, Famagusta, Cyprus) against the European Commission subject to the waiver of its immunity, concerning the claims made by Mr Ramon against Türkiye in the amount of EUR 622 114,52 awarded to him in 2010 by the European Court of Human Rights (‘ECtHR’) on the ground of the violation of his rights on account of the unlawful occupation of his property by the Turkish authorities;

—order any remedy which it considers appropriate and equitable in the circumstances of the case;

—order the European Commission to pay the costs of the proceedings, plus VAT.

Pleas in law and main arguments

Türkiye has claims against the European Union that are certain, payable and liquid under the following financing agreements concluded between the EU and Türkiye:

(a)the 2018 financing agreement ‘Annual action plan in favour of Turkey — 2018’ of 6 November 2019, for a maximum amount of EUR 98,4 million;

(b)the 2019 financing agreement ‘Annual action plan in favour of Turkey — 2019’, of 4 June 2020, for a maximum amount of EUR 157,7 million;

(c)the 2020 financing agreement ‘Annual action plan in favour of Turkey — 2020’ of 26 March 2021, for a maximum amount of EUR 122 million.

The purpose of the pre-accession aid from the European Union is, inter alia, to support Türkiye in carrying out reforms to bring it closer to the European acquis, including respect for the rule of law and the protection of human rights.

The garnishee order sought by the applicant concerns the enforcement of a judgment of the European Court of Human Rights of 26 October 2010, Ramon v. Turkey (CE:ECHR:2010:1026JUD002909295), and is a measure to promote, protect and respect human rights.

The garnishee order against the debts of fixed amount payable to Türkiye by the EU, in the amount owed by Türkiye to Mr Ramon, will not hinder the smooth functioning of the European Union or restrict its independence. On the contrary, it will contribute to the achievement of one of the main objectives of the pre-accession aid granted to Turkey, namely respect for the rule of law and the protection of human rights by the candidate country for accession to the European Union.