ORDER OF THE PRESIDENT OF THE GENERAL COURT
1 December 2014 (1)
(Legal aid)
In Case T-738/14 AJ,
HT, residing in London (United Kingdom),
applicant,
v
European Commission,
defendant,
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 28 October 2014,
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, order of 17 July 1998, Sateba v Commission, C‑422/97 P, ECR, EU:C:1998:395, paragraph 42, and order of 14 January 2004, Makedoniko Metro and Michaniki v Commission, T‑202/02, ECR, EU:T:2004:5, paragraph 46),
having regard to the fact the Commission is not bound to initiate infringement proceedings under Article 258 TFEU, 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 European Union (see, to that effect, order of 23 May 1990, Asia Motor France v Commission, C‑72/90, ECR, EU:C:1990:230, paragraph 13, and order of 14 January 2004, Makedoniko Metro and Michaniki v Commission, T‑202/02, ECR, EU:T:2004:5, paragraph 43),
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-738/14 AJ is dismissed.
Luxembourg, 1 December 2014.