Order of the General Court (Third Chamber) of 6 September 2011 – Mugraby v Council and Commission

(Case T-292/09)

Action for failure to act – Failure of the Council and the Commission to adopt measures against the Republic of Lebanon – Alleged violation of the applicant’s fundamental rights and the Association Agreement between the Community and the Republic of Lebanon – Manifest inadmissibility – Actions for damages – Action manifestly devoid of any basis in law

1.                     Actions for failure to act – Natural or legal persons – Actionable omissions – Omission by the Commission to address a recommendation to the Council concerning suspension of Community aid to a non-member State – Inadmissibility (Art. 232, third para., EC; European Parliament and Council Regulation No 1638/2006, Art. 28) (see paras 46-50)

2.                     Actions for failure to act – Natural or legal persons – Actionable omissions – Omission by the Council to request the Commission to submit to it a proposal for measures concerning assistance given to a non-member State – Inadmissibility (Arts 208 EC and 232, third para., EC) (see paras 54-55)

3.                     Actions for annulment – Jurisdiction of the Community judicature – Claim seeking that directions be issued to an institution – Inadmissibility (Art. 230 EC) (see para. 59)

4.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Association Agreement between the EC and the Republic of Lebanon – Wide discretion of the Council and the Commission in managing the external policy of the Union – No grant of rights to individuals (Art. 288, second para., EC) (see paras 66-73)

5.                     International agreements – Agreements concluded by the Community – Direct effect – Conditions – Provision constituting a clear and precise obligation, not subject to the intervention of a subsequent measure – Article 86 of the Association Agreement between the EC and the Republic of Lebanon – No direct effect (Art. 300(7) EC; Association Agreement between the EC and the Republic of Lebanon, Art. 86) (see paras 73-81)

Re:

APPLICATION (i) for a declaration that the Council and the Commission unlawfully failed to act on the applicant’s request concerning the adoption of measures against Lebanon on account of its alleged infringement of the applicant’s fundamental rights and of the Association Agreement between the Community and the Republic of Lebanon, and (ii) for compensation for damage claimed to have been suffered by the applicant in consequence of the Council’s and the Commission’s inaction.

Operative part

1. The action is dismissed.

2. Mr Muhamad Mugraby is ordered to pay the costs.