This document is an excerpt from the EUR-Lex website
Document 62021TO0161
Order of the General Court (Tenth Chamber) of 14 December 2021.
Raymond Irvine McCord v European Commission.
Action for annulment – Action for failure to act – Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation – Commission proposal to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Absence of a published policy of the circumstances in which the European Union will trigger Article 16 of that protocol – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law.
Case T-161/21.
Order of the General Court (Tenth Chamber) of 14 December 2021.
Raymond Irvine McCord v European Commission.
Action for annulment – Action for failure to act – Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation – Commission proposal to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Absence of a published policy of the circumstances in which the European Union will trigger Article 16 of that protocol – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law.
Case T-161/21.
ECLI identifier: ECLI:EU:T:2021:910
Order of the General Court (Tenth Chamber) of 14 December 2021 –
McCord v Commission
(Cases T‑161/21 and T‑161/21 AJ I)
(Action for annulment – Action for failure to act – Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation – Commission proposal to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Absence of a published policy of the circumstances in which the European Union will trigger Article 16 of that protocol – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law)
|
1. |
Action for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Precluded – Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation – Inadmissibility (Art. 263 TFEU; Protocol on Ireland/Northern Ireland) (see paras 21-32) |
|
2. |
Actions for failure to act – Commission under an obligation to act – No obligation to adopt and publish a policy on the circumstances of triggering Article 16 of the Protocol on Ireland/Northern Ireland (Art. 265 TFEU; Protocol on Ireland/Northern Ireland) (see paras 38-44) |
|
3. |
Actions for failure to act – Jurisdiction of the EU judicature – Directions issued to an institution – Not permissible (Art. 265 TFEU) (see para. 46) |
Re:
Application, first, under Article 263 TFEU for annulment of the draft Commission regulation of 29 January 2021 intended, inter alia, to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2020 L 29, p. 7), and of the Commission’s decision not to have published a policy on the circumstances in which it will trigger Article 16 of that protocol and, secondly, application under Article 265 TFEU for a declaration that the Commission unlawfully failed to adopt and publish such a policy.
Operative part
|
1. |
The action is dismissed as manifestly inadmissible and manifestly lacking any foundation in law. |
|
2. |
The application for legal aid is dismissed. |
|
3. |
Mr Raymond Irvine McCord shall pay the costs. |