ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE
21 October 2008 (*)
(Legal aid)
In Case T-402/08 AJ,
Ammayappan Ayyanarsamy, residing in Heidenheim (Germany),
applicant,
v
Commission of the European Communities,
defendant,
APPLICATION for legal aid under Article 95 of the Rules of Procedure of the Court of First Instance,
THE PRESIDENT OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES
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 of First Instance on 15 September 2008,
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 Court of First Instance is not competent to review the decisions of national courts or to give judgment on the lawfulness of decisions, provisions or measures of national authorities,
having regard to the fact that the Commission is not bound to initiate the procedure under Article 226 EC 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 Community 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 Community judicature against a decision to take no further action on their complaint (see, to that effect, order of the Court of Justice in Case C‑422/97 P Sateba v Commission [1998] ECR I‑4913, paragraph 42, and order of the Court of First Instance in Case T‑202/02 Makedoniko Metro and Michaniki v Commission [2004] ECR II‑181, paragraph 46),
having regard to the fact that the Commission is not bound to initiate infringement proceedings under Article 226 EC, its decision not to institute such proceedings is not unlawful, so that it cannot give rise to non-contractual liability on the part of the Community (see, to that effect, order of the Court of Justice in Case C‑72/90 Asia Motor France v Commission [1990] ECR I‑2181, paragraph 13, and judgment of the Court of First Instance in Case T‑202/02 Makedoniko Metro and Michaniki v Commission [2004] ECR II‑181, paragraph 43),
the action in respect of which legal laid is sought is manifestly inadmissible,
THE PRESIDENT OF THE COURT OF FIRST INSTANCE
hereby orders:
The application for legal aid in Case T-402/08 AJ is dismissed.
Luxembourg, 21 October 2008.