June 18
Dolores Utrilla
11th June 2021
Institutional law Justice & Litigation

Court of Justice: no EU liability for harm arising from national criminal investigation involving participation of OLAF and Commission

Yesterday, the Court of Justice gave its judgment in Commission v De Esteban Alonso (C-591/19 P), setting aside the General Court’s judgment in De Esteban Alonso v Commission (T‑138/18). By that judgment, the General Court awarded compensation (under Article 270 TFEU) to a former European Commission official for the non-material harm which he claimed to have sustained as a result of the unlawful conduct of the European Anti-fraud Office (OLAF) and the Commission in the course of criminal proceedings (which were later dismissed) against the defendant and other officials in France.

In essence, the General Court found that OLAF and the Commission had breached EU law on two accounts:

Firstly, because they did not inform or hear M

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