Order of the General Court (Eighth Chamber) of 10 March 2014 — Spirlea v Commission
(Case T‑518/12)
Action for annulment — Public health — Decision to bring an end to an EU pilot procedure — Closure of the file on a complaint — Failure to bring an action for failure to fulfil obligations — Inadmissibility
1. Actions for annulment — Actionable measures — Commission’s refusal to bring infringement proceedings — Not included (Arts 258 TFEU and 263, first para., TFEU) (see paras 18, 19, 24, 25, 32)
2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Pre-litigation phase of infringement proceedings — Commission decision to close its file on a complaint — Not included (Arts 258, first para., TFEU and 263, first para., TFEU) (see paras 20, 23, 29)
3. Actions for failure to fulfil obligations — Right of the Commission to bring judicial proceedings — To be exercised at its discretion — Procedural position of plaintiffs different from that in a competition matter (Art. 258 TFEU; Council Regulation No 1/2003; Commission Regulation No 773/2004) (see para. 30)
Re:
| APPLICATION for annulment of the Commission decision to bring an end to EU pilot procedure No 2070/11/SNCO, as referred to in the letter of 27 September 2012, sent to the applicants under reference SANCO/A2/AM/kva (2012) 1245353. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Darius Nicolai Spirlea and Mihaela Spirlea are ordered to bear their own costs and to pay those incurred by the European Commission. |
3. | | The Kingdom of Spain is ordered to bear its own costs. |