Order of the General Court (Sixth Chamber) of 20 September 2011 – Land Wien v Commission

(Case T-267/10)

Nuclear power – Application initiating proceedings – Action for annulment – Decision of the Commission not to take any further action in respect of a complaint concerning a project for extension of blocks of a nuclear power plant – Action for a declaration of failure to act – Failure by the Commission to send all documents requested relevant to that project – Formal requirements – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility

1.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Lack of clarity – Inadmissibility (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 17-20, 24-25)

2.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Commission decision merely communicating information concerning the state of EU law in the area of nuclear safety – Inadmissibility (Art. 263 TFEU) (see paras 28-30)

3.                     Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Not included (Arts 258 TFEU and 263 TFEU) (see paras 33-34)

4.                     Actions for failure to act – Natural or legal persons – Actionable omissions – Commission refusal to request the agreement of a Member State in order to send certain documents to the applicant – No obligation to act – Appropriate remedy – Action for annulment – Action for failure to act inadmissible (Arts 263 TFEU and 265 TFEU; European Parliament and Council Regulation No 1049/2011, Arts 7 and 8) (see paras 41-45)

Re:

Firstly, in essence, annulment of the Commission decision of 25 March 2010 not to take any further action in respect of the applicant’s complaint concerning the project for extension of blocks 3 and 4 of the Mochovce nuclear power plant in Slovakia and, secondly, an action in respect of failure to act, within the meaning of Article 265 TFEU, since the Commission failed to grant the applicant full access to the documents requested relevant to that project, in breach of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

Operative part

1. The action is dismissed.

2. The Land Wien is ordered to pay the costs.