Order — ECLI:EU:C:2011:852
Date: 2011-12-15
Language of the case: Czech
Court formation: Fifth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Appeal - unfounded;Action for failure to act
Origin: Czechia

Order of the Court (Fifth Chamber) of 15 December 2011 – Altner v Commission (Case C-411/11 P) Appeal – Action for annulment – Commission’s refusal to bring infringement proceedings – Action for declaration of failure to act – Manifest inadmissibility – Right to an impartial court or tribunal 1. Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Excluded (Art. 258 TFEU) (see para. 8) 2. Union law – Principles – Fundamental rights – Observance guaranteed by the Court – European Convention on Human Rights – Right to a fair trial – Implications (Art. 6(3) TEU) (see paras 13-15) Re: Appeal against the order of the General Court (Fourth Chamber) of 6 July 2011 in Case T‑190/11 Altner v Commission dismissing as manifestly inadmissible the applicant’s application for annulment of the Commission’s decision of 25 November 2010 to take no further action on the applicant’s complaint seeking a declaration that European Union law had been infringed by the Czech legislation on legal protection of the right to vote, and for a declaration of failure to act in respect of the unlawful refusal to act following from that decision – Infringement of the right to a fair trial in respect of the lack of impartiality of the president of the formation of the court hearing the case. Operative part 1. The appeal is dismissed. 2. Mr Altner is ordered to pay the costs.