ORDER OF THE PRESIDENT OF THE GENERAL COURT
2 March 2011 (1)
(Legal aid)
In Case T-75/11 AJ,
AH, residing in Luxembourg (Luxembourg),
applicant,
v
European Parliament,
European Commission
and
Council of Europe,
defendants,
APPLICATION for legal aid under Article 95 of the Rules of Procedure of the Court,
THE PRESIDENT OF THE GENERAL COURT
makes the following
Order
having regard to Article 94(3) of the Rules of Procedure,
having regard to Article 96(1) of the Rules of Procedure,
having regard to the application for legal aid lodged at the Registry of the Court on 24 January 2011,
having regard to the action in respect of which legal aid is sought, as described on the application form for legal aid,
having regard to the fact that the Commission is not bound to initiate the procedure under Article 258 TFEU but has a discretion which excludes the right of individuals to require it to adopt a specific position, and that, in the absence of procedural rights laid down in European Union law under which they may require the Commission to inform them and to grant them a hearing, it is not open to persons who have lodged a complaint to bring an action before the Courts of the European Union against a decision to take no further action on their complaint (see, to that effect, orders in Case C‑422/97 P Sateba v Commission [1998] ECR I‑4913, paragraph 42, and in Case T‑202/02 Makedoniko Metro and Michaniki v Commission [2004] ECR II‑181, paragraph 46),
having regard to the fact that, if the action envisaged shall be understood as an action for failure to act, the conditions for admissibility of such an action, laid down in Article 265 TFEU, are not met where the defendant institution has not first been called upon to act in the forms and time limits prescribed by this article,
having regard to the fact that the General Court is not competent to review decisions of the European Court of Human Rights or of the Council of Europe,
having regard to the fact that the action envisaged thus appears to be manifestly inadmissible,
THE PRESIDENT OF THE GENERAL COURT
hereby orders:
The application for legal aid in Case T-75/11 AJ is dismissed.
Luxembourg, 2 March 2011.