The Euro Group and judicial protection: Has the Court of Justice created a loophole?

Phedon Nicolaides

doi:10.1177/1023263x211048602

Abstract

The Court of Justice made legal history in Ledra Advertising when it found that the EU could incur non-contractual liability even for acts that formally fell within the intergovernmental sphere. In Chrysostomides, however, by ruling that the Euro Group is not an EU ‘institution’, the Court has made it largely impossible for individuals to obtain judicial protection. The decisions of the Council that give effect to agreements in the Euro Group can be drafted in innocuous and general language, minimizing or even expunging any liability. The powers of the Commission to act against such agreements in the Euro Group are also unclear and probably non-existent.

Highlights

On 16 December 2020, the Court of Justice ruled in a landmark judgment that the Euro Group was not an EU institution or an entity established by the Treaties
The Euro Group could not be held liable under Article 340(2) TFEU
If the Euro Group is not liable, the question that arises immediately is how individuals can avail themselves of judicial protection from actions of the Euro Group

Summary

Introduction

Keywords Euro Group, article 340 TFEU, non-contractual liability, judicial protection On 16 December 2020, the Court of Justice ruled in a landmark judgment that the Euro Group was not an EU institution or an entity established by the Treaties. The Euro Group could not be held liable under Article 340(2) TFEU.

Results

Conclusion