(Joined Cases C-205/10 P, C-217/10 P and C-222/10

Order of the Court (Fifth Chamber) of 12 January 2011 – Eriksen and Others v Commission

(Joined Cases C-205/10 P, C-217/10 P and C-222/10 P)

Appeal – Actions for damages – Public health implications of the nuclear accident that occurred near Thule (Greenland, Denmark) – Directive 96/29/Euratom – Commission’s failure to adopt measures against a Member State

1.Actions for failure to fulfil obligations – Commission’s right to bring judicial proceedings – To be exercised at its discretion – Individuals’ right to demand that the Commission adopt a position – None – No connection with the Commission’s power to grant exemptions (Art. 226 EC; Art. 141 EA) (see points 42-43, 56, 67)

2.Non-contractual liability – Conditions – Unlawfulness – Fact that the Commission has not brought infringement proceedings – Act not amounting to unlawfulness (Arts 226 EC and 288, second para., EC; Art. 141 EA) (see points 52-53)

3.EAEC – Treaty – Ambit – Activity falling within the military sphere – Not included – Consequences for public health of a nuclear accident that occurred in the military sphere – No bearing (EAEC Treaty) (see point 66)

Re:

Appeals brought against the orders of the General Court (Fourth Chamber) of 24 March 2010 in Case T-516/08

Erikson

v

Commission

, Case T-6/09

Hansen

v

Commission

and Case T-5/09

Lind

v

Commission

, by which that court dismissed as manifestly lacking any foundation in law actions for damages seeking compensation for harm allegedly suffered by the applicants as a result of the Commission’s failing to take the measures necessary to oblige Denmark to comply with Directive 96/29 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (OJ 1996 L 159, p. 1) and to apply those provisions to workers involved in the nuclear accident at Thule (Greenland), in disregard of the resolution of the European Parliament of 20 May 2007 on the consequences of that accident on public health (Petition 720/2002, 2006/2012 (INI))

Operative part

1.

The appeals are dismissed.

2.

Mr Eriksen, Mr Hansen and Ms Lind are ordered to pay the costs.