This document is an excerpt from the EUR-Lex website
Document 62022TO0055
Order of the General Court (Fourth Chamber) of 17 October 2022.
Patrick Swords v European Commission and European Centre for Disease Prevention and Control.
Action for annulment – Public health – Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic – Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) – Acts not open to challenge – European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC – Plea of illegality – Inadmissibility.
Case T-55/22.
Order of the General Court (Fourth Chamber) of 17 October 2022.
Patrick Swords v European Commission and European Centre for Disease Prevention and Control.
Action for annulment – Public health – Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic – Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) – Acts not open to challenge – European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC – Plea of illegality – Inadmissibility.
Case T-55/22.
ECLI identifier: ECLI:EU:T:2022:707
Order of the General Court (Fourth Chamber) of 17 October 2022 –
Swords v Commission and ECDC
(Case T‑55/22)
(Action for annulment – Public health – Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic – Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) – Acts not open to challenge – European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC – Plea of illegality – Inadmissibility)
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Action for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Preparatory measures – Not included – Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) in the context of the COVID-19 pandemic – Preparatory measures – Inadmissibility (Art. 263, fourth para., TFEU) (see paragraphs 14, 15, 18-24) |
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Plea of illegality – Scope – Measures the illegality of which may be pleaded – General measure providing the basis of the contested decision – Need for a legal connection between the contested measure and the contested general measure – Plea of illegality directed against the Commission’s communication on COVID-19 and against the coordinated approach published on the basis of the risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) – Documents adopted subsequent to the contested acts and not serving as a legal basis for those acts – Inadmissibility (Art. 277 TFEU) (see paragraphs 27-29) |
Operative part
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The action is dismissed as inadmissible. |
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Mr Patrick Swords shall pay the costs. |