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‘The European Council agreed on 17 December 2010 on the need for euro area Member States to establish a permanent stability mechanism. That Treaty entered into force on 27 September 2012.Ģ Recital 1 of the ESM Treaty is worded as follows: Having regard to the written part of the procedure and further to the hearing on 11 September 2017,ġ On 2 February 2012, the Treaty Establishing the European Stability Mechanism between the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Republic of Finland (‘the ESM Treaty’) was concluded in Brussels (Belgium).
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Registrar: S. Spyropoulos, Administrator, THE GENERAL COURT (Fourth Chamber, Extended Composition),Ĭomposed of H. Kanninen (Rapporteur), President, J. Schwarcz, C. Iliopoulos, L. Calvo-Sotelo Ibáñez-Martín and I. Reine, Judges,
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(Non-contractual liability - Economic and monetary policy - Stability support programme for Cyprus - Decision of the Governing Council of the ECB relating to emergency liquidity assistance following a request from the Central Bank of Cyprus - Euro Group Statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus - Decision 2013/236/EU - Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism - Jurisdiction of the General Court - Admissibility - Formal requirements - Exhaustion of national rights of action - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Right to property - Legitimate expectations - Equal treatment)Įleni Pavlikka Bourdouvali, residing in Meneou (Cyprus), and the other applicants whose names are included in the annex, represented by P. Tridimas, Barrister, ( 1)Ĭouncil of the European Union, represented by A. de Gregorio Merino, E. Moro and E. Chatziioakeimidou, acting as Agents,Įuropean Commission, represented by J.-P. Keppenne, M. Konstantinidis and L. Flynn, acting as Agents,Įuropean Central Bank (ECB), represented by K. Laurinavičius and M. Szablewska, acting as Agents, and by H.-G. Kamann, avocat,Įuro Group, represented by the Council of the European Union, represented by M. A. de Gregorio Merino, Mmes E. Moro and E. Chatziioakeimidou, acting as Agents,Įuropean Union, represented by the European Commission, represented by J.-P. Keppenne, M. Konstantinidis and L. Flynn, acting as Agents,ĪCTION under Article 268 TFEU seeking compensation for damage allegedly suffered by the applicants as a result of the decision of the Governing Council of the ECB of 21 March 2013 relating to emergency liquidity assistance following a request from the Central Bank of Cyprus, the Euro Group Statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus, Council Decision 2013/236/EU of 25 April 2013 addressed to Cyprus on specific measures to restore financial stability and sustainable growth (OJ 2013 L 141, p. 32), the Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM), and other acts and conduct of the Commission, Council, the ECB and the Euro Group connected with the grant of a financial assistance facility to the Republic of Cyprus,
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JUDGMENT OF THE GENERAL COURT (Fourth Chamber, Extended Composition)
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