EN

Official Journal of the European Union

C 68/42

(Case T-753/19)

(2020/C 68/51)

Language of the case: Romanian

Parties

Applicant: Simeda Ungureanu (Cluj-Napoca, Romania) (represented by: R. Chiriță, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—find that the European Commission has failed to fulfil its obligation of ensuring that the Member States comply with the Treaties of the European Union and respect human rights as enshrined in the Charter of Fundamental Rights of the European Union;

—order the defendant to pay compensation for the non-material damage caused, estimated at EUR 40 000;

—order the defendant to remedy the existing omissions in the future.

Pleas in law and main arguments

In support of the action, the applicant submits that the conditions for liability on the part of the European Commission are satisfied, since that institution failed to act in order to compel the Romanian State to comply with its obligations deriving from the Treaties of the European Union and from the right to life of its citizens, in so far as the Romanian State did not enact provisions enabling persons who are in particular situations and in respect of whom it is vital to administer medicinal products for therapeutic indications not included in the summary of product characteristics (off-label medicinal products) to have access to medical treatment.