Order of the Court (Tenth Chamber) of 1 October 2019 — Clarke v Commission
(Case C‑284/19 P) (1)
(Appeal — Article 181 of the Rules of Procedure of the Court — Action for annulment — Actions for failure to act — Refusal of the European Commission to bring infringement proceedings under Article 258 TFEU against a Member State)
1. Appeal — Grounds — Grounds which are manifestly inadmissible or manifestly unfounded — Dismissal at any point, by reasoned order, without an oral procedure
(Rules of Procedure of the Court, Art. 181)
(see para. 16)
2. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — To be exercised at its discretion — Right of individuals to require the Commission to adopt a position — None
(Art. 258 TFEU)
(see paras 26, 38)
3. Action for annulment — Actionable measures — Refusal by the Commission to initiate infringement proceedings — Not included
(Arts 258 and 263(4) TFEU)
(see paras 27-31)
4. Actions for failure to act — Natural or legal persons — Actionable omissions — Failure to initiate the procedure for failure to fulfil obligations — Inadmissibility
(Art. 265 TFEU)
(see paras 34-36)
5. Actions for failure to act — Jurisdiction of the EU judicature — Directions issued to an institution — Not permissible
(Art. 265 TFEU)
(see para. 41)
Operative part
1. | | The appeal is dismissed as manifestly unfounded. |
2. | | Mr Andrew Clarke shall pay his own costs. |