Analysis: “HTTS/Council (C-123/18 P). Putting a date on the manifest breach test in damages actions” by Daniel Sarmiento
The requirements to bring an action of damages against the EU are still in the making. Last week, in HTTS/Council, (C‑123/18 P), the Court of Justice, sitting in Grand Chamber, ruled that the manifest breach test has temporal limitations that must be taken into account by Union courts. When determining whether an EU institution, agency, office or body has incurred in a manifest breach, the relevant facts are only those that existed at the time in which the breach took place. In other words, the defendant cannot raise relevant developments that took happened after the date of the breach. No matter how relevant those facts may be, the defendant must stick to the circumstances of the date of the breach only.
The case was brought by H