Order of the Court of First Instance (Sixth Chamber) of 16 October 2017 — Salehi v Commission

(Case T‑773/16)

(Action for failure to act — Regulation (EC) No 539/2001 — Failure by the Commission to adopt implementing acts temporarily suspending the exemption from visa requirements for certain categories of third country nationals — Position of the Commission — Manifestly inadmissible)

1.	Actions for failure to act—Position taken within the meaning of Article 265, second para., TFEU before the action brought—Concept—Refusal to act in accordance with the invitation to act—Included (Art. 265, second para. TFEU) (see paras 14-17)

Actions for failure to act—Natural or legal persons—Measures of direct and individual concern to them—Regulation 539/2001—Abstention by the Commission to adopt implementing acts temporarily suspending the exemption from visa requirements for certain categories of third country nationals—Applicant not being directly concerned by such an act—Inadmissibility

(Arts 263 TFEU and 265 TFEU; Council Regulation No 539/2001, Art. 1(4))

(see paras 25-30)

Re:

APPLICATION on the basis of Article 265 TFEU seeking a finding that the Commission unlawfully failed to adopt an implementing act within the meaning of Article 1(4) of Council Regulation (EC) No 539/2001 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) and failed to notify the applicant thereof.

Operative part

1.	The action is dismissed.

2.	Mr Dominik Salehi shall pay the costs.