Judgment_paragraph 116 · FLSmidth & Co. A/S v European Commission (C-238/12 P)

116Indeed, the Court has also held that the sanction for a breach, by a Court of the European Union, of its obligation under the second paragraph of Article 47 of the Charter to adjudicate on the cases before it within a reasonable time must be an action for damages brought before the General Court, since such an action constitutes an effective remedy. It follows that a claim for compensation for the damage caused by the failure by the General Court to adjudicate within a reasonable time may not be made directly to the Court of Justice in the context of an appeal, but must be brought before the General Court itself (see, in particular, Groupe Gascogne v Commission EU:C:2013:770, paragraphs 83 and 84).