{"id":721,"date":"2018-08-06T11:08:53","date_gmt":"2018-08-06T09:08:53","guid":{"rendered":"http:\/\/christianos.eu\/?page_id=721"},"modified":"2021-04-15T13:32:52","modified_gmt":"2021-04-15T11:32:52","slug":"litigation","status":"publish","type":"page","link":"https:\/\/www.christianos.eu\/en\/litigation\/","title":{"rendered":"Litigation"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]Our law firm has significant experience in defending cases before the General Court of the EU, the Court of Justice of the EU and the former Civil Service Tribunal, where it has represented natural and legal persons, the Hellenic Republic and EU agencies in more than 60 cases:<\/p>\n

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1. EU Staff Cases<\/strong>
\nF-14\/08: Action for annulment of the Opinion of an Invalidity Committee and the Decision of the Director of Personnel of an EU Institution.
\nF-63\/13: Action for annulment \u2013 Action for damages following the unlawful termination of an agent\u2019s contract by an EU Agency.
\nF-112\/13: Action for annulment of an EU Agency\u2019s unlawful decision to terminate an agent\u2019s contract.
\nF-75\/14: Action for annulment of a joint undertaking\u2019s unlawful acts and omissions in regard with the applicant\u2019s staff report -Amicable settlement of the dispute.
\n\u03a4-581\/16: Action for annulment \u2013 Action for damages following the defendant\u2019s decisions regarding an appointment in an EU body.
\n\u03a4-277\/19: Action for annulment of the rejection decisions of the \u0391ppointing \u0391uthority of an EU Agency.
\nT-634\/19: Action for annulment \u2013 Action for damages following an EU Agency\u2019s rejection decisions (pending).
\nT-148\/20: Action for annulment \u2013 Action for damages following an EU Agency\u2019s rejection decisions (pending).
\nT-159\/20: Action for annulment \u2013 Action for damages following an EU Agency\u2019s implied rejection decision (pending).<\/p>\n

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2. State Aid<\/strong>
\n\u03a4-415\/05, \u03a4-416\/05 and T-423\/05: Actions for annulment of an EU Institution\u2019s decision regarding the recovery of illegal State aid.
\nC-419\/06: Action for failure of a Member State to fulfill its obligations in regard to the withdrawal and recovery of illegal State aids.
\nC-485\/10: Action for failure of a Member State to fulfill its obligations in regard to the recovery of illegal State aids.
\nC-100\/16 P: Appeal against the Judgment T-233\/11 and T-262\/11 by which the General Court dismissed an action for annulment of an EU Institution\u2019s decision regarding the recovery of illegal State aid.<\/p>\n

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3. Public Procurement<\/strong>
\nC-399\/05: Action for failure of a Member State to fulfill its obligations during the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors because of the admission of the tenders of two companies, which did not meet the conditions of the notice to tender in the final phase of the tender procedure.
\nC-250\/07: Action for failure of a Member State to fulfill its obligations during the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors by not publishing a prior call for competition and by being unjustifiably late in replying to a tenderer\u2019s request for information.
\nT-638\/11: Action for annulment of an EU Agency\u2019s decisions rejecting the tender submitted by the applicant and refusing to grant access to certain documents in the context of an open tender procedure.
\n\u03a4-40\/12 and \u03a4-183\/12: Action for annulment \u2013 Action for damages following an EU Agency\u2019s decisions rejecting the tender submitted by the applicants in a tender procedure.
\n\u03a4-158\/12: Action for annulment \u2013 Action for damages following an EU Agency\u2019s decision to classify the applicant\u2019s tender in second place in the context of an open tender procedure.
\n\u03a4-165\/12: Action for annulment of an EU Institution\u2019s decision rejecting the tender submitted by the applicants in a restricted tender procedure.
\n\u03a4-51\/13: Action for damages seeking compensation for damage suffered by the applicant as a result of the loss of the opportunity to be awarded a framework agreement in a call for tenders of an EU body.
\n\u03a4-392\/15: Action for annulment of an EU Agency\u2019s decision ranking the tenders submitted by the applicants in the context of a call for tenders.<\/p>\n

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4. Actions for damages as a result of OLAF\u2019s unlawful behavior<\/strong>
\n\u03a4-259\/03: Action for damages seeking compensation for damage suffered by the applicant as a result of unlawful behavior in the context of an investigation.
\n\u03a4-617\/17: Action for damages seeking compensation for damage suffered by the applicant as a result of unlawful behavior in the context of an investigation.
\nT-384\/20: Action for damages seeking compensation for damage suffered by the applicant as a result of unlawful behavior in the context of an investigation (pending).<\/p>\n

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5. Actions for damages as a result of the unlawful behavior of EU Institutions, Bodies and Agencies<\/strong>
\nF-30\/08: Action for damages seeking compensation for damage suffered by the applicant as a result of an EU Institution\u2019s unlawful behavior in the management of the applicant\u2019s situation and career.
\n\u03a4-241\/09: Action for damages seeking compensation for damage suffered by the applicant as a result of an EU Institution\u2019s unlawful behavior in the context of an internal investigation.
\n\u03a4-40\/12 and \u03a4-183\/12: Action for annulment \u2013 Action for damages following an EU Agency\u2019s decisions rejecting the tender submitted by the applicants in a tender procedure.
\nT-59\/12: Action for damages seeking the repayment by an EU Institution of advanced sums in connection with the implementation of an EU Framework Programme for research and development and compensation for damage suffered by the applicant due to a breach of professional confidentiality committed by said Institution.
\n\u03a4-158\/12: Action for annulment \u2013 Action for damages following an EU Agency\u2019s decision to classify the applicant\u2019s tender in second place in the context of an open tender procedure.
\n\u03a4-297\/12: Action for damages seeking compensation for the damage suffered due to an EU Institution\u2019s disclosure to third parties of certain information concerning an administrative investigation in respect of the applicant and the latter\u2019s personnel recruitment policy.
\n\u03a4-51\/13: Action for damages seeking compensation for damage suffered by the applicant as a result of the loss of the opportunity to be awarded a framework agreement in a call for tenders of an EU body.
\nF-63\/13: Action for annulment \u2013 Action for damages following the unlawful termination of an agent\u2019s contract by an EU Agency.
\nF-29\/15: Action for damages following a joint undertaking\u2019s unlawful acts during the appraisal procedure of the applicant – Amicable settlement of the dispute.
\n\u03a4-581\/16: Action for annulment \u2013 Action for damages following the defendant\u2019s decisions regarding an appointment in an EU body.
\nT-634\/19: Action for annulment \u2013 Action for damages following an EU Agency\u2019s rejection decisions (pending).
\nT-148\/20: Action for annulment \u2013 Action for damages following an EU Agency\u2019s rejection decisions (pending).
\nT-159\/20: Action for annulment \u2013 Action for damages following an EU Agency\u2019s implied rejection decision (pending).
\n\u03a4-765\/14: Action for damages following an EU Institution\u2019s unlawful actions, which caused the impairment of the applicants\u2019 bank deposits or, in any case, contributed to it (pending).
\n\u03a4-495\/14: Action for damages following an EU Institution\u2019s unlawful actions, which caused the impairment of the applicants\u2019 bank deposits or, in any case, contributed to it (pending).
\n\u03a4-496\/14: Action for damages following an EU Institution\u2019s unlawful actions, which caused the impairment of the applicants\u2019 bank deposits or, in any case, contributed to it (pending).<\/p>\n

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6. Actions based on an arbitration clause regarding the eligibility, payment or reimbursement of costs in the context of contracts concluded with the EU<\/strong>
\n\u03a4-448\/04: Action brought by an EU Institution against a Greek civil law company and against the members of said company seeking the reimbursement of the sums paid in the context of contracts concluded between them \u2013 Lack of competence of the General Court to rule on the action in so far as it is brought against the members of the company, given that they are not considered as a Contracting Party to the contracts in question.
\n\u03a4-449\/04: Action brought by an EU Institution against a Greek civil law company and against the members of said company seeking the reimbursement of the sums paid in the context of contracts concluded between them \u2013 Lack of competence of the General Court to rule on the action in so far as it is brought against the members of the company, given that they are not considered as a Contracting Party to the contracts in question
\n\u03a4-44\/06: Action brought by an EU Institution against a limited liability company and against the members of said company seeking the reimbursement of the sums paid in advance in the context of a contract concluded between the EU Institution and the defendant – Lack of competence of the General Court to rule on the action in so far as it is brought against the members of the company, given that they are not considered as a Contracting Party to the contract in question.
\nT-59\/11: Action seeking to declare unfounded an EU Institution\u2019s application for reimbursement of grants paid to the applicant under contracts concluded in the context of European programmes, while also seeking the payment of the final balance of grants by said Institution.
\nT-59\/12: Action seeking an order that an EU Institution repay to the applicant the sums advanced in connection with the implementation of an EU Framework Programme and seeking compensation for damage suffered due to a breach of professional confidentiality committed by said Institution.
\n\u03a4-117\/12: Action seeking, first, a declaration that an EU Institution\u2019s decision to suspend reimbursement of the sums paid by the applicant in the context of the implementation of an EU Framework Programme constitutes a breach by said Institution of its contractual obligations and, secondly, an order that the EU Institution pay the applicant a certain sum, while the applicant is not required to reimburse any further sum to the Institution.
\n\u03a4-118\/12: Action seeking a declaration that an EU Institution\u2019s decision to suspend reimbursement of the sums paid by the applicant in the context of the implementation of an EU Framework Programme constitutes a breach by said Institution of its contractual obligations and an order that the EU Institution pay the applicant a certain sum.
\n\u03a4-489\/12: Action regarding the eligibility of declared costs in the context of a EU Framework Programme.
\nT-17\/13: Action seeking a declaration, first, that the applicant is not obliged to repay the whole sum paid to him\/her by an EU Institution in the context of the implementation of an EU Framework Programme, secondly, that the applicant is not required to pay flat-rate compensation and, thirdly, that said Institution is not entitled to set off the amounts that it owes to the applicant.
\n\u03a4-64\/13: Action seeking a declaration, first, that the applicant is not obliged to repay the whole sum paid to him\/her by an EU Institution in the context of the implementation of an EU Framework Programme and, secondly, that the applicant is not required to pay flat-rate compensation.
\n\u03a4-154\/14: \u0391ction seeking a declaration that an EU Institution\u2019s demand for reimbursement of the subsidies paid to the applicant in the context of an EU Framework Programme is unfounded and an order for the abovementioned Institution to pay the balance of the unpaid subsidies.
\n\u03a4-155\/14: \u0391ction seeking a declaration that an EU Institution\u2019s demand for reimbursement of the subsidies paid to the applicant in the context of an EU Framework Programme is unfounded and an order for the abovementioned Institution to pay the balance of the unpaid subsidies.
\nT-165\/14: Action seeking, firstly, a declaration that the suspension of the reimbursement of part of the sums paid to the applicant in the context of an EU Framework Programme constitutes a breach of the contractual obligations of an EU Institution, secondly, that the abovementioned sums constitute eligible costs, which must be reimbursed to the applicant and, thirdly, that the total amount already paid to the applicant constitutes an eligible cost, which does not have to be reimbursed to the EU Institution.
\n\u03a4-768\/14: \u0391ction seeking a declaration that an EU Institution\u2019s demand for reimbursement of an amount paid to the applicant in the context of an EU Framework Programme is unfounded.
\n\u03a4-771\/14: \u0391ction seeking a declaration that an EU Institution\u2019s demand for reimbursement of an amount paid to the applicant in the context of an EU Framework Programme is unfounded.
\n\u03a4-270\/15: \u0391ction regarding the compliance of an EU Agency with certain contractual provisions in relation to the suspension of reimbursement in the context of an EU Framework Programme.
\n\u03a4-348\/16: Action regarding the eligibility of declared costs and the offsetting procedure, which took place in the context of an EU Framework Programme (and T-348\/16 OP: Application to set aside the default Judgment T-348\/16).
\n\u03a4-166\/17: Action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme.
\n\u03a4-177\/17: Action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme (pending).
\n\u03a4-189\/17: Action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme (pending).
\n\u03a4-190\/17: Action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme (pending).
\n\u03a4-198\/17: Action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme.
\n\u03a4-408\/18: Action regarding the eligibility of declared costs in the context of an EU Programme.<\/p>\n

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7. Early Warning System (EWS) \/ Early Detection and Exclusion System (EDES)<\/strong>
\n\u03a4-320\/09: Action for annulment of decisions to list the applicant in the EWS and to activate a \u2018W1a\u2019 warning and, subsequently, a \u2018W1b\u2019 warning.
\n\u03a4-207\/16: Action for annulment of an EU Institution\u2019s decisions to exclude the applicant from tender procedures and to register the applicant and activate the exclusion warning against the applicant in the Early Warning System (EWS) or in the Early Detection and Exclusion System (EDES)
\n\u03a4-537\/18: Action for annulment \u2013 action for damages following an EU Institution\u2019s decision to impose on the applicant a two-year exclusion from tender procedures (pending).<\/p>\n

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8. Access to documents<\/strong>
\n\u03a4-29\/18: Action for annulment of an implied decision of an EU Institution rejecting the applicant\u2019s application requesting access to certain documents.
\nT-638\/11: Action for annulment of an EU Agency\u2019s decisions rejecting the tender submitted by the applicant and refusing to grant access to certain documents in the context of an open tender procedure.<\/p>\n

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9. Preliminary questions<\/strong>
\nC-212\/04: Preliminary questions regarding the interpretation of certain clauses of a European legislative act concerning the framework agreement on fixed-term work.<\/p>\n

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10. Freedom of establishment<\/strong>
\nC-61\/08: Action for failure of a Member State to fulfill its obligations because of certain restrictions imposed on the access to a professional activity.<\/p>\n

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11. Non-compliance with a judgment of the Court<\/strong>
\nC-369\/07: Action for failure of a Member State to fulfill its obligations by not complying to a judgment of the Court.<\/p>\n

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12. Interim measures<\/strong>
\nC-78\/14 P-R: Application to suspend the application of the judgment under appeal (T-117\/12: Action seeking, first, a declaration that an EU Institution\u2019s decision to suspend reimbursement of the sums paid by the applicant in the context of the implementation of a European Programme constitutes a breach by said Institution of its contractual obligations and, secondly, an order that the EU Institution pay the applicant a certain sum, while the applicant is not required to reimburse any further sum to the Institution) pending delivery of the judgment on appeal.
\n\u03a4-207\/16 R: Application seeking a stay of execution of the contested decisions of an EU Institution in case T-207\/16 (exclusion from tender procedures, registration and activation of the exclusion warning in the EWS or in the EDES).
\nT\u2011348\/16 OP-R: Application seeking a stay of execution of the default judgment \u03a4-348\/16 (Action regarding the eligibility of declared costs and the offsetting procedure which took place in the context of an EU Framework Programme)<\/p>\n

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13. Garnishee order on an EU Institution<\/strong>
\nC-2\/15 SA: Application for leave to serve a garnishee order on an EU Institution for the amount due by said Institution following a Judgment of the General Court.<\/p>\n

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14. Appeals<\/strong>
\nT-308\/10 P: Appeal brought against the judgment in Case F\u201130\/08, which ordered an EU institution to pay a certain sum in respect of damage suffered by the applicant at first instance as a result of an EU Institution\u2019s unlawful behavior.
\nC-314\/11 P: Appeal brought against the order in Case T-320\/09, which dismissed the plea of inadmissibility raised by an EU Institution against an action for annulment of decisions to list the applicant in the EWS and to activate a \u2018W1a\u2019 warning and, subsequently, a \u2018W1b\u2019 warning.
\nC-220\/13 P: Appeal brought against the judgment in Case T-241\/09, which dismissed an action for damages seeking compensation for damage suffered by the applicant at first instance, as a result of an EU Institution\u2019s unlawful behavior in the context of an internal investigation.
\nC-564\/13 P: Appeal brought against the order in Case T-489\/12, which dismissed as inadmissible an action regarding the eligibility of declared costs in the context of an EU Framework Programme.
\nT-689\/14 P: Appeal brought against the judgment in Case F-63\/13, which annulled a decision of an EU Agency following the unlawful termination of an agent\u2019s contract and ordered said EU Agency to pay a certain sum in respect of damage suffered by the applicant at first instance.
\nC-78\/14 P: Appeal brought against the order in Case T-117\/12, which ordered an EU Institution to pay to the applicant at first instance certain sums, plus interest, the payment of which had been suspended.
\nC-173\/14 P: Appeal brought against the judgment in Case T-158\/12, which dismissed an action for annulment \u2013 action for damages following an EU Agency\u2019s decision to classify the applicant\u2019s tender in second place in the context of an open tender procedure.
\nC-100\/16 P: Appeal brought against the judgment in Case T-233\/11 and T-262\/11, which dismissed an action for annulment against a decision of an EU\u2019s Institution in respect of the recovery of unlawful state aid.
\nC-6\/17 P: Appeal brought against the judgment in Case T-154\/14, which declared as founded an EU Institution\u2019s demand for reimbursement of the subsidies paid to the applicant at first instance in the context of an EU Framework Programme given that these sums correspond to non-eligible costs.
\nC-7\/17 P: Appeal brought against the judgment in Case T-155\/14, which declared as founded an EU Institution\u2019s demand for reimbursement of the subsidies paid to the applicant at first instance in the context of an EU Framework Programme given that these sums correspond to non-eligible costs.
\nC-172\/17 P: Appeal brought against the judgment in Case T-768\/14, which declared as founded an EU Institution\u2019s demand for reimbursement of an amount paid to the applicant at first instance in the context of an EU Framework Programme given that these sums correspond to non-eligible costs.
\nC-173\/17 P: Appeal brought against the judgment in Case T-771\/14, which declared as founded an EU Institution\u2019s demand for reimbursement of an amount paid to the applicant at first instance in the context of an EU Framework Programme given that these sums correspond to non-eligible costs.
\nC-273\/19 P: Appeal brought against the judgment in Case T-166\/17, which partially dismissed an action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme.
\nC-274\/19 P: Appeal brought against the judgment in Case T-198\/17, which dismissed an action regarding the eligibility of declared costs and the recovery of sums advanced in the context of an EU Framework Programme.
\nC-280\/19 P: Appeal brought against the judgment in Case T-348\/16 OP, which declared as unfounded most of the part of an EU Institution\u2019s demand for reimbursement of the subsidies paid to the applicant given that these sums correspond to eligible costs.<\/p>\n

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Our law firm has also defended cases before the European Court of Human Rights<\/strong>:
\n\u2981 AFFAIRE NEGREPONTIS-GIANNISIS c. GR\u00c8CE (Requ\u00eate no 56759\/08)
\n\u2981 AFFAIRE KOKKINAKIS c. GR\u00c8CE (Requ\u00eate no 14307\/88)
\n\u2981 AFFAIRE\u00a0EFSTRATIOU\u00a0ET AUTRES C. GR\u00c8CE (Requ\u00eate no\u00a053221\/14)<\/p>\n

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Our law firm has extensive experience in defending cases before national courts and administrative authorities (Hellenic Competition Commission).<\/p>\n

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Publications:<\/strong><\/p>\n

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Professor Dr. V. Christianos<\/em>:<\/p>\n

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