Order;Summary — ECLI:EU:C:2024:593
Date: 2024-07-08
Language of the case: Romanian
Court formation: Sixth Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment;Appeal - unfounded
Origin: Romania

Case C-732/23 P Răzvan-Eugen Nicolescu and Others v Council of the European Union Order of the Court (Sixth Chamber) of 8 July 2024 ( Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 263 TFEU – Action for annulment – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Absence of the required unanimity – Manifest inadmissibility of the action at first instance – 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 paragraph 21) 2. Action for annulment – Actionable measures – Concept – Measures producing binding legal effects – Failure to adopt a draft Council decision due to the lack of the required unanimity – Precluded (Art. 263 TFEU; 2005 Act of Accession, Art. 4(2)) (see paragraphs 25-30) 3. Action for annulment – Actionable measures – Concept – Acts producing binding legal effects – Preparatory measure – Precluded – Limits – Intermediate measure having independent legal effects – Included (Art. 263 TFEU; 2005 Act of Accession, Art. 4(2)) (see paragraphs 46, 47) 4. Action for annulment – Actionable measures – Concept – Acts producing binding legal effects – Silence or inaction of an institution – Failure to adopt a draft Council decision due to the lack of the required unanimity – Precluded (Art. 263 TFEU; 2005 Act of Accession, Art. 4(2)) (see paragraphs 50, 51) See the text of the decision.