- Alert: Parties alleging EU non-contractual liability must provide evidence of alleged harm and causation (European Union Intellectual Property Office (EUIPO) v European Dynamics Luxembourg SA)
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Public Law analysis: The Court of Justice partly allowed EUIPO’s appeal calling for the General Court’s earlier judgment in European Dynamics Luxembourg and Others v OHIM to be set aside. The General Court had annulled the public procurement decision at issue and ordered the EU to pay compensation. Allowing the appeal in part, the court concluded that it was ‘abundantly clear’ that the application did not meet all necessary conditions for the EU to incur non-contractual liability.
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