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Summary

European Court of Justice (ECJ), December 4, 2019

ECJ 4 December 2019, case C-413/18 P (H - v - Council), Miscellaneous

H - v - Council of the European Union, EU case

Appeal to General Court of the European Union of 11 April 2018, H v Council (T‑271/10 RENV, EU:T:2018:180).

Appeal

By her appeal, the appellant claims that the Court should:

  • set aside the judgment under appeal in so far as the General Court dismissed her action for annulment of the decisions at issue and the claim for damages;
  • give a decision on the case and, if appropriate, refer the case back to the General Court for judgment; and
  • order the Council to pay the appellant’s costs in the proceedings which gave rise to the judgment of 19 July 2016, H v Council and Commission (C‑455/14 P, EU:C:2016:569), and the costs of the present appeal.

Decision

The Court (Fifth Chamber):

  1. Sets aside the judgment of the General Court of the European Union of 11 April 2018, H v Council (T‑271/10 RENV, EU:T:2018:180);
  2. Refers the case back to the General Court of the European Union for a ruling on the third, fourth and fifth pleas of the action for annulment and on the claim for compensation;
  3. Orders that the costs be reserved.