This document is an excerpt from the EUR-Lex website
Document 62023TO0116
Order of the General Court (Third Chamber) of 14 November 2024.
Magistrats européens pour la démocratie et les libertés (Medel) and Others v European Commission.
Action for annulment – Regulation (EU) 2021/241 – Financing agreement and loan agreement concluded by the Commission and Poland – Trade association – Lack of direct concern – Manifest inadmissibility.
Case T-116/23.
Order of the General Court (Third Chamber) of 14 November 2024.
Magistrats européens pour la démocratie et les libertés (Medel) and Others v European Commission.
Action for annulment – Regulation (EU) 2021/241 – Financing agreement and loan agreement concluded by the Commission and Poland – Trade association – Lack of direct concern – Manifest inadmissibility.
Case T-116/23.
ECLI identifier: ECLI:EU:T:2024:832
Order of the General Court (Third Chamber) of 14 November 2024 –
Medel and Others v Commission
(Case T‑116/23)
(Action for annulment – Regulation (EU) 2021/241 – Financing agreement and loan agreement concluded by the Commission and Poland – Trade association – Lack of direct concern – Manifest inadmissibility)
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Action for annulment – Natural or legal persons – Acts of direct and individual concern to them – Action brought by an association – Admissibility – Criteria (Art. 263, fourth para., TFEU) (see paragraph 35) |
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Action for annulment – Natural or legal persons – Acts of direct and individual concern to them – Direct concern – Criteria – Possibility of relaxing the conditions of admissibility so as to defend the rule of law – Possibility of being able to call into question the conditions of admissibility by relying on the right to effective judicial protection – None (Art. 263, fourth para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paragraphs 38, 62-68) |
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Action for annulment – Natural or legal persons – Acts of direct and individual concern to them – Action by a trade association set up to protect and represent its members – Direct concern – Criteria – Associations representing the interests of their members who themselves are entitled to bring proceedings – No direct link between the contested act and its effects on the persons represented by the applicant associations – Inadmissibility (Art. 263, fourth para., TFEU) (see paragraphs 49-61) |
Operative part
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The action is dismissed as manifestly inadmissible. |
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Magistrats européens pour la démocratie et les libertés (Medel), International Association of Judges (IAJ), Association of European Administrative Judges (AEAJ) and Stichting Rechters voor Rechters shall bear their own costs and pay those incurred by the European Commission. |
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The Council of the European Union and the Republic of Poland shall bear their own costs. |