ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE
24 July 2009 (1)
(Legal aid)
In Case T-267/09 AJ,
John Mary Searson, residing in Dublin (Ireland),
applicant,
v
Commission of the European Communities
and
Ireland,
defendants,
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 6 July 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 the Court of First Instance does not have jurisdiction to hear an action brought by a natural person against a Member State nor does the Court have jurisdiction to review the decisions or decide on infringement of Article 234 (3) EC by national courts or tribunals,
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),
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-267/09 AJ is dismissed.
Luxembourg, 24 July 2009.