ORDER OF THE PRESIDENT OF THE GENERAL COURT
17 July 2012 (1)
(Legal aid)
In Case T-146/12 AJ,
CS, residing in Dublin (Ireland),
applicant,
v
Court of Justice of the European Union
and
European Ombudsman
defendants,
APPLICATION for legal aid under Article 95 of the Rules of Procedure of the Court,
THE PRESIDENT OF THE GENERAL COURT
makes the following
Order
having regard to Article 94(3) of the Rules of Procedure,
having regard to Article 96(1) of the Rules of Procedure,
having regard to the application for legal aid lodged at the Registry of the Court on 30 March 2012,
having regard to the action in respect of which legal aid is sought, as described on the application form for legal aid,
having regard to the fact that, pursuant to Article 256 of the Treaty on the functioning of the European Union and as mentioned by Article 51 of the Statute of the Court of Justice of the European Union, neither the General Court nor the Court of Justice have jurisdiction to hear an action brought by a natural person against a Member State (see, to that effect, Case C-49/08 Raulin v France, paragraph 7 and Case C‑396/03 P Killinger v Germany, paragraphs 4 and 7), so that the Court of Justice was manifestly right in dismissing the request for legal aid lodged by the applicant on 11 October 2011,
having regard to the fact that, pursuant to Article 228 of the Treaty on the functioning of the European Union the Court of Justice of the European Union, acting in its judicial role, is excluded from the scope of inquiries conducted by the European Ombudsman,
having regard to the fact that, pursuant to Article 228 of the Treaty, to Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (OJ L 113, p. 15), and to the provisions implementing the latter, the Ombudsman’s duty is limited to informing the complainant as soon as possible of the action taken following his complaint; where the Ombudsman establishes an instance of maladministration, he informs the complainant of the outcome of the inquiries, of the opinion expressed by the institution or body concerned and of any recommendations made by him (see Article 228, second paragraph, of the Treaty and Articles 2(9) and 3(7) of Decision 94/262/ECSC);
having regard to the fact that the action envisaged thus appears to be manifestly unfounded,
THE PRESIDENT OF THE GENERAL COURT
hereby orders:
The application for legal aid in Case T-146/12 AJ is dismissed.
Luxembourg, 17 July 2012.