Order of the General Court (Sixth Chamber) of 27 November 2012 — H‑Holding v Parliament
(Case T‑672/11)
Action for failure to act — Action for damages — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law
1. Actions for failure to act — Institution not called upon to act — Inadmissibility (Art. 265 TFEU) (see paras 12-14)
2. Actions for failure to fulfil obligations — Right of the Commission and Member States to bring judicial proceedings (Arts 258 TFEU and 259 TFEU) (see para. 15)
3. Actions for failure to act — Natural or legal persons — Conditions for admissibility (Art. 265, third para., TFEU) (see paras 16-18)
4. Non-contractual liability — Conditions — Unlawfulness — None — Inadmissibility (see para. 19)
Re:
| APPLICATION for a declaration that the Parliament unlawfully failed to commence infringement proceedings against the Czech Republic and to call upon OLAF to open an investigation relating to a Czech political party, following its petition of 24 August 2011, and, secondly, action for compensation for damage suffered as a result of the Parliament’s alleged failure to act. |
Operative part
1. | | The action is dismissed. |
2. | | H-Holding AG is ordered to pay the costs. |