PP982
Analítico de Periódico
MESSINA, Michele
Il controllo giurisdizionale delle misure restrittive antiterrorismo ed il risarcimento del danno da "listing" nel diritto dell'Unione europea / Michele Messina
Il Diritto dell'Unione Europea, n.3 (2016), p.605-633
DIREITO COMUNITÁRIO, LUTA CONTRA O TERRORISMO, RESPONSABILIDADE DA UNIÃO EUROPEIA, RESPONSABILIDADE EXTRACONTRATUAL, DANOS, TRIBUNAL DE JUSTIÇA DA UNIÃO EUROPEIA
The present paper deals with the actions for damages against the EU in a specific area of application concerning the damage sustained by natural and legal persons following their inclusion in antiterrorism black lists. The different EU acts containing such restrictive measures have been the object of numerous and successful applications before the Court of Justice of the EU to obtain the annulment of those acts and the consequent delisting of the applicants’names. At the same time, quite often, the applicants have also been willing to seek compensation for material and non-material damages sustained following the illegal freezing of their own funds and financial resources. The paper highlights how the vast majority of those damages actions have been rejected by the Court of Justice of the EU through the application of a more traditional and rigid approach with regard to non-contractual liability of the EU, which, however, did not prevent the General Court, in particular, to undertake, in specific circumstances, an innovative approach, more willing to compensate at least the non-material damage sustained by the applicant; whereas, there are still some difficulties in the award of material damage, because the applicants have still not been able to establish a credible causal link between the conduct complained and the damage pleaded.