Order of the General Court (First Chamber) of 16 October 2014 —
Tameio Pronoias Prosopikou Trapezis Kyprou v Commission and ECB
(Case T‑328/13)
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the defendant — Designation as defendant, without error on the part of the applicant, of a person other than the author of the contested measure — Inadmissibility — Limits — Factors allowing the defendant to be identified without difficulty (Art. 263, first para., TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(b)) (see para. 36)
2. Economic and monetary policy — Monetary policy — Coordination of monetary policies — Informal meeting of Member States using the euro within the Eurogroup — Autonomous entity — Imputation of the declarations adopted to the Commission or the European Central Bank — Exclusion (Art. 137 TFEU; Protocol No 14 annexed to the EU and FEU Treaties) (see paras 39, 41-45)
3. Economic and monetary policy — Economic policy — Coordination of economic policies — European stability mechanism — Possibility of the Commission and the European Central Bank exercising review powers — Exclusion (Treaty Establishing the European Stability Mechanism, Arts 1, 2 and 32(2)) (see paras 47, 48)
4. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Assessment of those effects by reference to the substance of the measure — Declarations adopted by the Eurogroup — Not included (Arts 137 TFEU and 263(1) TFEU; Protocol No 14 annexed to the EU and FEU Treaties) (see paras 51-53, 60)
5. Actions for annulment — Jurisdiction of the EU judicature — Claim for a declaratory judgment — Inadmissibility (Art. 263 TFEU) (see para. 64)
Re:
| APPLICATION for annulment of the declaration of the Eurogroup of 25 March 2013 concerning, inter alia, the restructuring of the banking sector in Cyprus. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Tameio Pronoias Prosopikou Trapezis Kyprou is ordered to pay, in addition to its own costs, the costs incurred by the European Commission and by the European Central Bank (ECB). |