Order — ECLI:EU:T:2019:104
Date: 2019-02-14
Language of the case: Portuguese
Court formation: Third Chamber
Subject matter: Provisions governing the Institutions
Procedure: Action for annulment - inadmissible;Action for damages - inadmissible;Action for failure to act - unfounded
Origin: Portugal

summary of the pleas in law on which the application is based — Application not sufficiently clear and precise — Inadmissibility (see para. 21) 2. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject matter of the dispute — Brief summary of the pleas in law on which the application is based — Action seeking compensation for loss caused by an EU institution (Art. 340 TFEU) (see para. 30) 3. Judicial proceedings — Actions for annulment or for failure to act — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Not permissible (Arts 263 and 265 TFEU) (see para. 36) 4. Judicial proceedings — Actions for annulment or for failure to act — Jurisdiction of the EU judicature — Claim seeking that directions be issued to a Member State — Not permissible (see para. 37) 5. Questions referred for a preliminary ruling — Reference to the Court — Exclusive jurisdiction of the national courts — Direct application by the parties to a dispute before the national courts — Clear lack of jurisdiction of the Court (Art. 267 TFEU) (see para. 39) 6. Actions for failure to act — Institution called upon to act — Conditions — Clear and express request (Art. 265, 2nd para., TFEU) (see paras 43, 44) 7. Judicial proceedings — Action brought by a natural or legal person against other natural or legal persons or seeking annulment of a purely national decision — Lack of jurisdiction of the EU judicature — Inadmissibility (see para. 50) 8. Action for annulment — Actionable measures — Concept — Measures producing binding legal effects — Silence or inaction of an institution — Assimilation to an implied decision of refusal — Not included — Limits (see para. 53) 9. European Union — Conferred powers — Internal and external competences — Compliance with the principle of conferral (Art. 13(2) TEU) (see para. 57) Re First, application under Article 265 TFEU for a declaration that the ECB unlawfully failed to take action against a Portuguese credit institution in the context of preventing the use of the financial system for the purposes of money laundering, secondly, application under Article 263 TFEU seeking annulment of the ECB’s decision not to take action and, thirdly, application for compensation under Article 268 TFEU in respect of the loss and harm which the applicants allegedly sustained as a result of that failure to take action. Operative part 1. The action is dismissed. 2. Comprojecto-Projectos e Construções, Lda, Mr Paulo Eduardo Matos Gomes de Azevedo, Mr Julião Maria Gomes de Azevedo and Ms Isabel Maria Matos Gomes de Azevedo are ordered to pay the costs.