ORDER OF THE PRESIDENT OF THE GENERAL COURT
10 December 2009 (1)
(Legal aid)
In Case T-418/09 AJ,
Elad Shetreet, residing in London (United Kingdom),
applicant,
v
European Parliament
and
European Commission,
defendants,
APPLICATION for legal aid under Article 95 of the Rules of Procedure,
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 General Court on 8 October 2009,
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, if the action in respect of which legal aid is sought should be understood as an action for failure to act, the conditions for admissibility of such an action, laid down in Article 232 EC, are not met as the natural or legal person may rely on the third paragraph of Article 232 EC only in order to challenge an institution’s failure, in breach of the Treaty, to adopt measures, other than recommendations or opinions, of which they are potential addressees or which are of direct and individual concern to them (Case C-68/95 T. Port [1996] ECR I-6065, paragraphs 58 and 59),
having regard to the fact that, if the action in respect of which legal aid is sought should be understood as a request to declare that the Commission acted unlawfully in failing to initiate the procedure laid down in Article 226 EC against the United Kingdom, 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),
the action in respect of which legal aid is sought is manifestly inadmissible,
THE PRESIDENT OF THE GENERAL COURT
hereby orders:
The application for legal aid in Case T-418/09 AJ is dismissed.
Luxembourg, 10 December 2009.