Judgment_paragraph 21 · Safa Nicu Sepahan Co. v Council of the European Union (C-45/15 P)

21In so far as the Council asks the Court, by its response to Safa Nicu Sepahan’s appeal, to substitute the grounds of the judgment under appeal in relation to one of the cumulative conditions governing the establishment of the European Union’s non-contractual liability, namely that relating to the existence of a ‘sufficiently serious breach’ of a rule of law intended to confer rights on individuals, the claim does not seek to have the appeal allowed or dismissed but seeks to have set aside the decision of the General Court in point 2 of the operative part of the judgment under appeal, in which the Council is ordered to pay Safa Nicu Sepahan compensation of EUR 50000 in respect of the non-material damage sustained by the latter, in so far as that decision is based on the finding of such a breach. Accordingly, since it does not satisfy the requirements of Article 174 of the Rules of Procedure, that head of claim is inadmissible.