Order of the General Court (Sixth Chamber) of 27 November 2012 — H‑Holding v Parliament

(Case T‑672/11)

Action for failure to act — Action for damages — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law

1.                     Actions for failure to act — Institution not called upon to act — Inadmissibility (Art. 265 TFEU) (see paras 12-14)

2.                     Actions for failure to fulfil obligations — Right of the Commission and Member States to bring judicial proceedings (Arts 258 TFEU and 259 TFEU) (see para. 15)

3.                     Actions for failure to act — Natural or legal persons — Conditions for admissibility (Art. 265, third para., TFEU) (see paras 16-18)

4.                     Non-contractual liability — Conditions — Unlawfulness — None — Inadmissibility (see para. 19)

Re:

APPLICATION for a declaration that the Parliament unlawfully failed to commence infringement proceedings against the Czech Republic and to call upon OLAF to open an investigation relating to a Czech political party, following its petition of 24 August 2011, and, secondly, action for compensation for damage suffered as a result of the Parliament’s alleged failure to act.

Operative part

1. The action is dismissed.

2. H-Holding AG is ordered to pay the costs.