Order of the General Court (Fourth Chamber) of 17 November 2010 – Victoria Sánchez v Parliament and Commission

(Case T-61/10)

Action for failure to act – Failure to adopt measures – Application for directions to be issued – Request for protective measures – Action in part manifestly inadmissible and in part manifestly devoid of any basis in law

1.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 27-31)

2.                     Actions for failure to act – Natural or legal persons – Actionable omissions (Art. 265, third para., TFEU) (see paras 32-38)

3.                     Actions for failure to act – Jurisdiction of the EU judicature – Direction issued to an institution – Not permissible (Art. 265, second para., TFEU) (see para. 41)

Re:

APPLICATION for a declaration of failure to act on the part of the European Parliament and the European Commission in that those institutions unlawfully failed to respond to the applicant’s letter of 6 October 2009, an application for directions to be issued and a request for protective measures.

Operative part

1. The action is dismissed.

2. Mr Fernando Marcelino Victoria Sánchez is ordered to pay the costs.

3. There is no need to adjudicate on the application for leave to intervene of Mr Ignacio Ruipérez Aguirre and the ACT Petition Association.