20.2.2017

Official Journal of the European Union

C 53/29

Action brought on 7 November 2016 — Salehi v Commission

(Case T-773/16)

(2017/C 053/36)

Language of the case: German

Parties

Applicant: Dominik Salehi (Bremen, Germany) (represented by: C. Drews, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

declare that the defendant has infringed Article 1(4) of Regulation (EC) No 539/2001 (as amended by Regulation (EU) No 1289/2013) by failing to refer to the applicant’s letters of 1 July 2016 and 16 September 2016 to take the measures provided for in that provision and to send a communication to the applicant;

—	order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.	First plea in law: infringement of the principle of reciprocity by the strict application of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015

1.	Second plea in law, defendant’s failure to act

The applicant complains that the Commission has not adopted measures pursuant to Article 1(4)(e)(i) of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ 2001 L 81, p. 1).