This document is an excerpt from the EUR-Lex website
Document 62016TO0834
Order of the General Court (First Chamber) of 11 December 2018.
QC v European Council.
Action for annulment — EU-Turkey Statement of 18 March 2016 — Press release — Notion of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction.
Case T-834/16.
Order of the General Court (First Chamber) of 11 December 2018.
QC v European Council.
Action for annulment — EU-Turkey Statement of 18 March 2016 — Press release — Notion of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction.
Case T-834/16.
Order of the General Court (First Chamber) of 11 December 2018 –
QC v European Council
(Case T‑834/16)
(Action for annulment — EU-Turkey Statement of 18 March 2016 — Press release — Notion of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction)
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Actions for annulment — Actionable measures — Measures of the European Council — Included — Limits (Art. 15 TEU; Art. 263 TFEU) (see paras 26-29) |
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Actions for annulment — Actionable measures — Concept — Measures of an EU institution, body, office or agency producing binding legal effects — Statement, published in the form of a press release on the Council’s website, concerning the results of a meeting between the heads of State of Member States and the Turkish Prime Minister — Not included (Art. 263 TFEU; Statute of the Court of Justice, Art. 21, first para.) (see paras 31-36) |
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Plea of illegality — Measures the illegality of which may be pleaded — General measure providing the basis of the contested decision — Admissibility — Conditions (Art. 277 TFEU) (see para. 46) |
Re:
First, application based on Article 263 TFEU seeking annulment of an alleged agreement concluded between the European Council and the Republic of Turkey dated 18 March 2016 and entitled ‘EU-Turkey Statement, 18 March 2016’ and, secondly, application based on Article 265 TFEU seeking a declaration that the European Council unlawfully failed to take measures.
Operative part
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The action is dismissed. |
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QC and the European Council shall bear their own respective costs. |