Information;Order — ECLI:EU:C:2023:897
Date: 2023-11-16
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Public health
Procedure: Action for annulment;Appeal - unfounded
Origin: Spain

Order of the Court (Eighth Chamber) of 16 November 2023 – Asociación Liberum and Others v Parliament and Council (Case C‑17/23 P) (1) (Appeal – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – EU digital COVID certificate – Free movement of persons – Restrictions – Action for annulment – No locus standi or interest in bringing proceedings – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded) 1. Appeal – Grounds – Grounds which are manifestly inadmissible or manifestly unfounded – Dismissal at any point, by reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 181) (see paragraphs 20, 21) 2. Appeal – Grounds – Ground directed against a ground included for the sake of completeness – Ground of appeal ineffective – Rejection (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 26, 27) 3. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – EU Digital COVID Certificate Regulation – Action brought by a citizens’ movement – Person concerned not affected directly and individually – Inadmissibility (Art. 263, fourth para., TFEU; European Parliament and Council Regulations 2021/953 and 2022/1034) (see paragraphs 35-37) Operative part 1. The appeal is dismissed as manifestly unfounded. 2. The Asociación Liberum and the other appellants listed in the annex are ordered to bear their own costs and to pay those incurred by the European Parliament and the Council of the European Union. 1 OJ C 104, 20.3.2023.