Order of the General Court (Second Chamber) of 10 August 2021 –
Jakeliūnas v ESMA
(Case T‑760/20)
(Action for annulment and for failure to act – Request to launch an inquiry – Refusal of the President of ESMA – Act not open to challenge – Inadmissibility – Application for an injunction – Lack of jurisdiction)
1. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Summary of the pleas in law on which the application is based – Unambiguous wording of the form of order sought by the applicant
(Statute of the Court of Justice, Arts 21 and 53; Rules of Procedure of the General Court, Art. 76)
(see para. 16)
2. Action for annulment – Actionable measures – Acts intended to have legal effects – Meaning – Conditions
(Art. 263 TFEU)
(see para. 24)
3. Action for annulment – Actionable measures – Refusal by the Chair of the European Securities and Markets Authority (ESMA) to launch an inquiry regarding an alleged infringement of EU law – Precluded
(Art. 263 TFEU; European Parliament and Council Regulations No 1095/2010, Arts 17(2) and 22(4), and No 2019/2175; Council Regulation No 1/2003)
(see paras 25, 29-33)
4. Actions for failure to act – Natural or legal persons – Actionable omissions – Alleged failure by the European Securities and Markets Authority (ESMA) to adopt a measure which may be contested by means of an action for annulment – Not included – Claim for a declaration that ESMA has failed to act – Inadmissibility
(Arts 263 and 265 TFEU; European Parliament and Council Regulation No 1095/2010, Arts 17 and 22(4))
(see paras 37-39)
5. Action for annulment – Jurisdiction of the EU judicature – Claim seeking that directions be issued to an institution – Inadmissibility
(Art. 263 TFEU)
(see para. 40)
Re:
| In essence, application, first, under Article 265 TFEU seeking a declaration that ESMA unlawfully refrained from launching an inquiry in respect of the infringement of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (OJ 2003 L 96, p. 16) and, second, under Article 263 TFEU seeking annulment of the decision allegedly contained in the letter of the President of ESMA of 20 October 2020 refusing to launch that inquiry. |
Operative part
1. | | The action is dismissed. |
2. | | Mr. Stasys Jakeliūnas shall pay the costs. |