Sulla responsabilità extracontrattuale dell’Unione Europea per violazione della Carta dei diritti fondamentali: riflessioni in margine alla sentenza della Corte di giustizia nel caso Ledra Advertising .

Abstract. — The judgment delivered by the Court of Justice in Ledra Advertising provides many critical insights into the non-contractual liability of the EU for violation of obligations stemming from the Charter of Fundamental Rights. The Court set aside the orders of the General Court, which had declared in part inadmissible and in part unfoundedtheclaimsbroughtbyLedraAdvertisingandsomeCypriotcitizensseeking, first, annulment of certain provisions of the Memorandum of Understanding (MoU) concluded between Cyprus and the European Stability Mechanism (ESM) and, secondly, compensation for the damages allegedly suffered. Although the Court dismissedtheclaims—findingthattherehadbeennoviolationoftherighttoproperty — it declared them admissible and ruled that the EU institutions, even when acting outside the EU legal framework, are bound by the Charter. The author argues that the judgment opens the way to other applications alleging a violation of fundamental rights and seeking reparation for damages sustained as a result of austerity measures adopted by ESM Member States in the implementation of MoUs negotiated by the Commission together with the European Central Bank.