Order of the General Court of 28 November 2023 – ST v Frontex
(Case T-600/22) 1
(Actions for failure to act and for annulment – Right to asylum – Invitation to act – Invitation submitted in the name and on behalf of an anonymous person – Failure to follow the pre-litigation procedure – Article 46(4) of Regulation (EU) 2019/1896 – No interest in bringing proceedings – Inadmissibility)
Language of the case: English
Parties
Applicant: ST (represented by: F. Gatta, lawyer)
Defendant: European Border and Coast Guard Agency (represented by: S. Karkala and R.-A. Popa, acting as Agents, and by B. Wägenbaur, lawyer)
Re:
By his action, the applicant is seeking, principally, under Article 265 TFEU, a declaration from the Court that the European Border and Coast Guard Agency (Frontex) unlawfully failed to adopt, pursuant to Article 46(4) of Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ 2019 L 295, p. 1), a decision to suspend or terminate its activities in the Aegean Sea and, in the alternative, under Article 263 TFEU, the annulment of Frontex’s decision of 27 July 2022 refusing to act in response to the call to act pursuant to Article 46(4) of Regulation 2019/1896.
Operative part of the order
The action is dismissed as inadmissible.
ST shall pay the costs.
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1 OJ C 424, 7.11.2022.