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Document 62018TO0738
Order of the General Court (First Chamber) of 12 May 2020.
Liviu Dragnea v European Commission.
Action for annulment — European Regional Development Fund — Romanian 2007-2013 Regional Operational Programme — External investigations conducted by OLAF — Final reports and recommendations of OLAF — National decision initiating a criminal investigation — Refusal by OLAF to open an enquiry into the conduct of the previous investigations — Refusal of access to the OLAF investigation file — Act not open to challenge — Inadmissibility.
Case T-738/18.
Order of the General Court (First Chamber) of 12 May 2020.
Liviu Dragnea v European Commission.
Action for annulment — European Regional Development Fund — Romanian 2007-2013 Regional Operational Programme — External investigations conducted by OLAF — Final reports and recommendations of OLAF — National decision initiating a criminal investigation — Refusal by OLAF to open an enquiry into the conduct of the previous investigations — Refusal of access to the OLAF investigation file — Act not open to challenge — Inadmissibility.
Case T-738/18.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2020:208
Order of the General Court (First Chamber) of 12 May 2020 –
Dragnea v Commission
(Case T‑738/18)
(Action for annulment — European Regional Development Fund — Romanian 2007-2013 Regional Operational Programme — External investigations conducted by OLAF — Final reports and recommendations of OLAF — National decision initiating a criminal investigation — Refusal by OLAF to open an enquiry into the conduct of the previous investigations — Refusal of access to the OLAF investigation file — Act not open to challenge — Inadmissibility)
1. |
Action for annulment — Acts open to challenge — Concept — 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 paras 29, 30) |
2. |
Action for annulment — Acts open to challenge — Concept — Refusal by the European Anti-fraud Office (OLAF) to open an enquiry into the conduct of its previous investigations — Not included (Art. 263 TFEU; European Parliament and Council Regulation No 883/2013, Arts 1 and 9) (see paras 31, 32, 35-37) |
3. |
Action for annulment — Action against a decision refusing to withdraw or amend an earlier act — Admissibility to be assessed in relation to the possibility of challenging the act at issue — Report of the European Anti-fraud Office (OLAF) concerning an external administrative investigation — Inadmissibility (Art. 263 EC; European Parliament and Council Regulation No 883/2013, Art. 11) (see paras 39-41) |
4. |
European Anti-fraud Office (OLAF) — Investigations — Final investigation report and recommendations — Not binding on the addressee national authorities — Discretion of the national authorities as to the action to be taken — Obligation to ensure, at national level, judicial protection in the event of proceedings (Art. 267 EC; European Parliament and Council Regulation No 883/2013, Art. 11) (see para. 49) |
5. |
EU law — Principles — Right to effective judicial protection — Inadmissibility of an action for annulment against measures not producing binding legal effects — Possibility of parties challenging such measures by an action in non-contractual liability of the European Union (Arts 263, 268 and 340, 2nd para. TFEU) (see paras 50-52, 54, 55) |
6. |
Fundamental rights — Right of public access to documents of EU institutions — Limits — Action against a decision refusing access — Examination of legality having regard to measures of secondary law establishing the conditions for access (Art. 15(3) TFEU; Charter of Fundamental Rights of the European Union, Art. 42; European Parliament and Council Regulation No 1049/2001) (see paras 61, 62) |
7. |
Action for annulment — Acts open to challenge — Concept — Decision refusing a request for access to documents held by an institution — No confirmatory application by the applicant — Not included (Art. 263 EC; European Parliament and Council Regulation No 1049/2001, Art. 7) (see paras 68, 69) |
Re:
Application on the basis of Article 263 TFEU seeking the annulment of the letter of the European Anti-Fraud Office (OLAF) of 1 October 2018.
Operative part
1. |
The action is dismissed. |
2. |
Mr Liviu Dragnea shall pay the costs. |