Case T‑585/14

Republic of Slovenia

v

European Commission

‛Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility’

Summary — Order of the General Court (Third Chamber, Extended Composition), 14 September 2015

1. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Commission letter informally requesting a Member State to make traditional own resources available to the EU budget — Not included — Letter not producing binding legal effects — Application inadmissible

   (Arts 258 TFEU and 263 TFEU; Council Regulation No 1150/2000; Council Decision 2007/436)

2. Own resources of the European Union — Establishment and making available by the Member States — Responsibility of the Member States — Scope

   (Council Regulation No 1150/2000, Arts 2(1), 9(1), and 17(1) and (2); Council Decision 2007/436, Arts 2(1)(a), and 8(1))

1.  In actions for annulment brought by Member States or institutions, any measures adopted by the institutions, whatever their form, which are intended to have binding legal effects are regarded as acts open to challenge, for the purposes of Article 263 TFEU.

   That is not the case with a letter from the Commission informally requesting a Member State to place traditional own resources at the disposal of the EU budget. Application of EU provisions on the matter of making available own resources falls within the responsibility of the Member States. No provision of Decision 2007/436 or Regulation No 1150/2000 gives the Commission the power to take decisions concerning their interpretation. Moreover, the Commission may not prejudice the exclusive jurisdiction of the Court of Justice to decide whether the behaviour of a Member State is compatible with Regulation No 1150/2000. The Commission merely has the option, which is always open to it, of expressing an opinion which is in no circumstances binding on the national authorities.

   Furthermore, since the sole purpose of the pre-litigation phase of the infringement procedure under Article 258 TFEU is to enable the Member State to comply of its own accord with the requirements of the Treaty or, as the case may be, to give it the opportunity to justify its position, none of the acts adopted by the Commission in that context, including a letter in which the Commission informally requests a Member State to make available to the budget of the Union its traditional own resources, has binding effect.

   (see paras 25, 34, 38, 40, 43, 46, 48)

2.  See the text of the decision.

   (see paras 29-35)