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Document 62021TO0157
Order of the General Court (Tenth Chamber) of 18 November 2021.
RG v Council of the European Union.
Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, on the one hand, and the United Kingdom, on the other – Council decision on the signing and on provisional application of the Trade and Cooperation Agreement – Mechanism of surrender pursuant to an arrest warrant – Person arrested and detained in Ireland after the end of the transition period for the purpose of the execution of a European Arrest Warrant issued by the United Kingdom during the transition period – Act not of individual concern – Non-regulatory act – Inadmissibility.
Case T-157/21.
Order of the General Court (Tenth Chamber) of 18 November 2021.
RG v Council of the European Union.
Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, on the one hand, and the United Kingdom, on the other – Council decision on the signing and on provisional application of the Trade and Cooperation Agreement – Mechanism of surrender pursuant to an arrest warrant – Person arrested and detained in Ireland after the end of the transition period for the purpose of the execution of a European Arrest Warrant issued by the United Kingdom during the transition period – Act not of individual concern – Non-regulatory act – Inadmissibility.
Case T-157/21.
ECLI identifier: ECLI:EU:T:2021:829
Order of the General Court (Tenth Chamber) of 18 November 2021 –
RG v Council
(Case T‑157/21)
(Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, on the one hand, and the United Kingdom, on the other – Council decision on the signing and on provisional application of the Trade and Cooperation Agreement – Mechanism of surrender pursuant to an arrest warrant – Person arrested and detained in Ireland after the end of the transition period for the purpose of the execution of a European Arrest Warrant issued by the United Kingdom during the transition period – Act not of individual concern – Non-regulatory act – Inadmissibility)
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Action for annulment – Natural or legal persons – Admissibility criteria – Interest in bringing proceedings – Locus standi – Decision on the signing and on provisional application of an international agreement – Actual content of the international agreement to be taken into account (Art. 263, fourth para., TFEU) (see para. 21) |
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Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Person individually affected by a measure of a general nature – Conditions – Council decision on the signing and on provisional application of the Trade and Cooperation Agreement between the European Union and Euratom, on the one hand, and the United Kingdom, on the other – Action brought by a requested person on the basis of a European arrest warrant issued before the transition period and covered by that agreement – Not individually concerned – Inadmissibility (Art. 263, fourth para., TFEU; Council Decision 2020/2252) (see paras 26, 27, 29-32) |
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Action for annulment – Natural or legal persons – Concept of ‘regulatory act’ within the meaning of the fourth paragraph of Article 263 TFEU – Decision on the signing and on provisional application of an international agreement – Precluded (Art. 263, fourth para., TFEU; Council Decision 2020/2252) (see paras 35, 37-41) |
Re:
Application under Article 263 TFEU for the partial annulment of Council Decision (EU) 2020/2252 of 29 December 2020 on the signing, on behalf of the Union, and on provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ 2020 L 444, p. 2).
Operative part
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The action is dismissed as inadmissible. |
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There is no longer any need to adjudicate on the applications for leave to intervene submitted by Ireland and the European Commission. |
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RG is ordered to pay, in addition to his own costs, those incurred by the Council of the European Union, with the exception of those relating to the applications for leave to intervene. |
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RG, the Council, Ireland and the Commission shall each bear their own costs relating to the applications to intervene. |