EUR-Charts

Regarding the box entitled “Sufficiently serious breach” (middle, on the right-hand side), second-last bullet point, the reference to Schneider should read as follows:

Sufficiently serious breach

Test based on the discretion available to the institution: “whether the […] institution concerned manifestly and gravely disregarded the limits on its discretion”; Brasserie du Pêcheur (1996).

• Therefore: the fact that a legislative act is null and void is not by itself sufficient; Bayerische HNL (1978).
• But: where the institution has only a considerably reduced, or even no, discretion, the mere infringement of EU law may be sufficient; Bergaderm (2000), Fresh Marine (2003).

Some positive examples:

• Agricultural decision by the Commission (bananas); Camar (2000, 2002, 2005);
• Merger decision (refusal) by the Commission; Schneider (2007, 2009);
• Delay by the GC in rendering a judgment; Der Grüne Punkt (2009)