Order of the General Court (Sixth Chamber) of 17 October 2012 — Régie Networks and NRJ Global v Commission

(Case T-340/11)

Action for damages — State aid — Limitation — Damage for which compensation may be awarded — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law — Manifest lack of jurisdiction

1.                     Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 25, 30, 50)

2.                     Actions for damages — Limitation period — Point from which time starts to run — Responsibility for an individual act — Date of appearance of the prejudicial effects of the act — Date cognisance taken of the unlawfulness of the conduct — Irrelevant — Relationship between the action for compensation and the action for annulment (Arts 63 TFEU and 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.) (see paras 28, 29, 31, 36, 39, 40)

3.                     Actions for damages — Subject-matter — Claim for indemnity in respect of the cost of proceedings brought before the national courts — General Court not having jurisdiction — Inadmissibility (Rules of Procedure of the Court of Justice, Art. 104(5)) (see paras 44, 45)

4.                     Non-contractual liability — Damage — Damage for which compensation is available — Costs incurred for the proceedings — Not included (Art. 340, second para., TFEU) (see paras 48, 49)

Re:

ACTION for damages brought on the basis of Article 340 TFEU seeking compensation for the damage allegedly suffered by the applicants, first, as a result of the unlawful decision of the Commission of 10 November 1997 concerning State aid N 679/97 and, secondly, on account of an alleged infringement of the principle of sound administration stemming from a failure on the part of the Commission to compensate for the harmful effects of that decision.

Operative part

1.

The action is dismissed.

2.

Régie Networks and NRJ Global are ordered to pay the costs.