Information;Order — ECLI:EU:C:2020:227
Date: 2020-03-26
Language of the case: French
Court formation: Sixth Chamber
Subject matter: External relations;Free movement of workers
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Action for damages;Action for failure to act
Origin: France

Order of the Court (Sixth Chamber) of 26 March 2020 – Magnan v Commission (Case C‑860/19 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act, for damages and for annulment – Freedom of movement for workers – Freedom of occupation – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Appeal in part manifestly inadmissible and in part manifestly unfounded) 1. Appeal – Grounds – Error of law relied on not identified – Ground lacking precision – Inadmissibility (Art. 256 TFEU; Statue of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 26, 29) 2. Appeal – Grounds – Infringement of a rule of law – Failure to act by the Commission – Clearly unfounded ground of appeal – Rejection (Art. 17(1), TEU; Arts 263 and 265 TFEU) (see paras 38, 39) 3. Appeal – Grounds – Error of law by the judge hearing the application for interim measures – Grounds in part manifestly inadmissible and in part manifestly unfounded – Rejection (Art. 17(1) TEU; Arts 256 and 265 TFEU; EC-Switzerland Agreement on Free Movement of Persons) (see paras 44, 46-49) 4. Appeal – Grounds – Error of law by the judge hearing the application for interim measures – Ground in part manifestly inadmissible and in part manifestly unfounded – Rejection (Art. 256 TFEU) (see paras 52-54) 5. Appeal – Grounds – Error of law by the judge hearing the application for interim measure – Non-recognition of the strict liability of the European Union – Ground in part manifestly inadmissible and in part manifestly ineffective – Rejection (Arts 256, 268 and 340 TFEU) (see paras 57-59) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. Mr Nathaniel Magnan shall bear the costs.