Action brought on 25 November 2013 – Minority SafePack – one million signatures for diversity in Europe and Others v Commission

(Case T-646/13)

Language of the case: German

Parties

Applicants: Citizens’ Committee for the Citizens’ Initiative Minority SafePack – one million signatures for diversity in Europe and Others (represented by: E. Johansson, J. Lund and C. Lund, lawyers)

Defendant: Commission

Form of order sought

Annul Commission Decision C(2013)5969 final of 13 September 2013, published on 16 September 2013;

Order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

First plea in law, alleging infringement of essential procedural requirements

The applicants claim that the contested decision infringes the procedural requirements laid down in Article 296(2) TFEU and Article 4(3) of Regulation (EU) No 211/2011. ¹

The applicants state in that regard inter alia that the Commission fails to identify among the eleven topics which form the subject matter of the citizens’ initiative those which in its opinion fall outside the framework of its powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties. The Commission also does not state why those topics fall outside that framework.

As part of this plea the applicants also complain that the Commission does not state why Regulation No 211/2011 does not confer a power to register at least a part or parts of a planned citizens’ initiative.

Second plea in law, alleging infringement of the treaties or of a provision for implementation of the treaties

Pursuant to this plea the applicants claim the infringement of Article 11 TEU, Article 24(1) TFEU and Article 4(2) and (3) of Regulation No 211/2011.

The applicants state in that regard that none of the topics in relation to which the Commission is to be called upon to submit proposals lies manifestly outside the framework of the Commission’s powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties. They add that, even if one of the topics were to fall outside that framework, the Commission should have registered the planned citizens’ initiative in respect of the topics which in its opinion did not fall manifestly outside that framework.

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¹ Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (OJ 2011 L 65, p. 1).