Order of the General Court (Sixth Chamber) of 30 September 2021 –
Mariani and Others v Parliament
(Case T‑124/21)
(Action for annulment – Regulation (EU, Euratom) 2020/2223 – Cooperation with the European Public Prosecutor’s Office and the effectiveness of OLAF investigations – Act not of individual concern – Non-regulatory act – Inadmissibility)
1. Action for annulment – Application brought by the natural or legal person to whom the contested measure is addressed – Concept of addressee – Individual not designated in the act – Not included
(Art. 263, fourth para., TFEU)
(see paras 14, 15)
2. Action for annulment – Natural or legal persons – Concept of ‘regulatory act’ within the meaning of the fourth paragraph of Article 263 TFEU – Any measure of general application other than legislative acts
(Art. 263, fourth para., TFEU)
(see paras 17, 19, 20)
3. Acts of the institutions – Legal nature – Legislative act – Concept – Regulation 2020/2223 – Included
(Art. 325 TFEU)
(see para. 21)
4. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Conditions cumulative in nature – Inadmissibility of the action where just one of those conditions not met
(Art. 263, fourth para., TFEU)
(see para. 23)
5. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation 2020/2223 – Action brought by Members of the European Parliament against a part of that regulation concerning the cooperation with the European Public Prosecutor’s Office and the effectiveness of OLAF investigations – Not individually concerned – Inadmissibility
(Arts 263, fourth para., and 325 TFEU)
(see paras 25, 32)
Re:
| Application under Article 263 TFEU seeking annulment of Article 1 of Regulation (EU, Euratom) 2020/2223 of the European Parliament and of the Council of 23 December 2020 amending Regulation (EU, Euratom) No 883/2013, as regards cooperation with the European Public Prosecutor’s Office and the effectiveness of the European Anti-Fraud Office investigations (OJ 2020 L 437, p. 49). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | There is no longer any need to adjudicate on the application for leave to intervene made by the Council of the European Union. |
3. | | Mr Thierry Mariani and the other applicants whose names are listed in the annex shall, in addition to bearing their own costs, pay those incurred by the European Parliament. |
4. | | The Council shall bear its own costs relating to the application for leave to intervene. |