Action brought on 8 February 2010 -Victoria Sánchez v Parliament and Commission

(Case T-61/10)

Language of the case: Spanish

Parties

Applicant: Fernando Marcelino Victoria Sánchez (Sevilla, Spain) (represented by: N. Domínguez Varela, lawyer)

Defendants: European Parliament and European Commission

Form of order sought

A declaration that the failure of the European Parliament and of the Commission to respond to the application made by way of letters on 6 October 2009 is contrary to European Union law and an order for those institutions to remedy the situation.

Pleas in law and main arguments

On 28 August 2008 the applicant submitted a petition to the Committee on Petitions of the Parliament relating to an alleged corruption network in Spain in the field of social security and public health. On 3 May 2009 the President of that committee informed him that no further action would be taken as regards his petition.

On 6 December 2009 the applicant sent a letter to the European Parliament and the European Commission, pursuant to Article 265 TFEU, calling upon them to act. In that letter he requested that:

-     the European Parliament annul the decision of 3 May 2009 of the President of the Committee on Petitions and investigate the circumstances in which that decision was adopted;

-    the European Commission also undertake an investigation into the administration of justice in Spain.

Since he did not receive a response within the time-limit laid down to that end, the applicant brought this action for failure to act.

In support of his claims, the applicant submits that his fundamental rights have been infringed, namely his right to submit a petition, his right to equality before the law and his right to not be discriminated against. He also submits that the conditions have been met for the defendant institutions to be found to have failed to act.

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