Order of the General Court (Eighth Chamber) of 22 June 2015 — In vivo v Commission
(Case T‑690/13)
Action for failure to act — Refusal of the European Anti-Fraud Office (OLAF) to open an external investigation — Position defined — Application for directions to be issued — No direct concern — Inadmissibility
1. Actions for failure to act — Capacity to be a defendant — European Anti-Fraud Office (OLAF) — Not a body, office or agency of the EU — Omissions allegedly committed by OLAF in the context of its investigatory functions — Action to be regarded as directed against the Commission (Art. 265 TFEU; Rules of Procedure of the General Court, Art. 44(1); European Parliament and Council Regulation No 1073/1999, Art. 3; Commission Decision 1999/352) (see paras 14, 15)
2. Actions for failure to act — Position defined within the meaning of Article 265, second paragraph, TFEU before the action brought — Inadmissibility (Art. 265, second para., TFEU) (see paras 17-19)
3. Actions for failure to act — Natural or legal persons — Actionable omissions — Refusal of OLAF to open an external investigation — Not a challengeable act for the purposes of Article 263 TFEU — Inadmissibility (Arts 263 TFEU and 265 TFEU; European Parliament and Council Regulation No 1073/1999, Art. 3; Commission Decision 1999/352) (see paras 21-25)
4. Actions for failure to act — Jurisdiction of the EU judicature — Directions issued to an institution — Not permissible (Art. 265 TFEU) (see para. 31)
Re:
| ACTION seeking a declaration by the General Court that the European Anti-Fraud Office (OLAF) failed to act in refusing to open an external investigation and an order that it remedy the situation. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | In vivo OOO is ordered to pay the costs. |