Order — ECLI:EU:C:2023:618
Date: 2023-07-27
Language of the case: English
Court formation: Ninth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Appeal;Application to intervene - successful
Origin: Romania

Judgment of the Court (Ninth Chamber) of 5 June 2025 – Minority SafePack – one million signatures for diversity in Europe v Commission (Case C‑26/23 P) ( Appeal – Law governing the institutions – Regulation (EU) No 211/2011 – ‘Minority SafePack – one million signatures for diversity in Europe’ citizens’ initiative – European Commission Communication setting out the reasons for not adopting the proposals for legal acts contained in that citizens’ initiative – Obligation to state reasons ) 1. General Court – Organisation – Cases assigned to Chambers – Criteria –Possibility to derogate in order to ensure an even spread of the workload – Reassignment of a case after the application has been lodged – Whether permissible (Charter of Fundamental Rights of the European Union, Art. 47, second para.; Rules of Procedure of the General Court, Arts 26 and 27(1), (2) and (3)) (see paragraphs 46-48, 51) 2. EU law – Principles – Fundamental rights – Compliance ensured by the EU judicature – Right of all persons to a fair hearing – Guaranteed by the Charter of Fundamental Rights of the European Union – Requirement of impartiality (Charter of Fundamental Rights of the European Union, Art. 47; Rules of Procedure of the General Court, Art. 27(3)) (see paragraph 53) 3. Citizenship of the Union – Rights of the citizen – Presentation of a citizens’ initiative – Regulation No 211/2011 – Examination by the Commission – Communication containing its decision not to submit a proposal for a legal act to the EU legislature – Judicial review – Limits (Art 17(1) TEU; European Parliament and Council Regulation No 211/2011, Art. 10(1)(c)) (see paragraphs 77, 88) 4. Citizenship of the Union – Rights of the citizen – Presentation of a citizens’ initiative – Regulation No 211/2011 – No obligation on the Commission to take the specific action requested in a citizens’ initiative (Art 11(4) TEU; European Parliament and Council Regulations No 211/2011, Art. 2(1), and 2019/788, Art. 15(2)) (see paragraph 78) Operative part The Court: 1. Dismisses the appeal; 2. Orders the Citizens’ Committee of the European Citizens’ Initiative ‘Minority SafePack – one million signatures for diversity in Europe’ to bear its own costs and to pay those incurred by the European Commission; 3. Orders Hungary to bear its own costs; 4. Orders the Deutschsprachige Gemeinschaft Belgiens (German-speaking Community of Belgium) and the Autonome Provinz Bozen Südtirol – Provincia Autonoma di Bolzano Alto Adige (Autonomous Province of Bolzano – South Tyrol / Alto Adige, Italy) to bear their own costs.