This document is an excerpt from the EUR-Lex website
Document 62018TO0304
Order of the General Court (Seventh Chamber) of 23 January 2019.
Mouvement pour la liberté de la protection sociale (MLPS) v European Commission.
Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility.
Case T-304/18.
Order of the General Court (Seventh Chamber) of 23 January 2019.
Mouvement pour la liberté de la protection sociale (MLPS) v European Commission.
Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility.
Case T-304/18.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Seventh Chamber) of 23 January 2019 –
MLPS v Commission
(Case T‑304/18)
(Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility)
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Action for annulment — Actionable measures — Meaning — Measures producing binding legal effects — Assessment by reference to objective criteria — An act of an institution which amounts to a rejection — Appraisal in the light of the nature of the request giving rise to the act (Art. 263 TFEU) (see para. 10) |
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Action for annulment — Actionable measures — Meaning — Refusal by the Commission to bring proceedings under Article 7 TEU — Precluded (Art. 7 TEU; Art. 263 TFEU) (see paras 15-17) |
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Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Refusal by the Commission to bring proceedings under Article 7 TEU — Action brought by a natural or legal person — Precluded (Art. 7 TEU; Art. 263, fourth para. TFEU) (see paras 18-20) |
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Actions for failure to act — Natural or legal persons — Actionable omissions — Refusal by the Commission to bring proceedings under Article 7 TEU — Inadmissibility (Art. 7 TEU; Arts 263, fourth para. and 265, third para. TFEU) (see paras 23, 24) |
Re:
First, application pursuant to Article 263 TFEU seeking annulment of the decision of the Commission of 7 March 2018 refusing to take any further action on a complaint requesting that proceedings be brought on the basis of Article 7 TEU against the French Republic and, secondly, action based on Article 265 TFEU seeking a declaration that the Commission unlawfully refrained from dealing with that complaint.
Operative part
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The action is dismissed. |
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The Mouvement pour la liberté de la protection sociale is ordered to pay the costs. |