Order;Information — ECLI:EU:C:2021:771
Date: 2021-09-24
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Agriculture and Fisheries
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Action for damages
Origin: Germany

Order of the Court (Sixth Chamber) of 24 September 2021 – FL Brüterei M-V v Commission (Case C‑540/20 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages and for annulment – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Appeal in part manifestly inadmissible and in part manifestly unfounded) 1. Appeal – Grounds – Specific criticism of a point of the General Court’s reasoning necessary (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paras 47, 49, 50) 2. Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paragraph 48) 3. Non-contractual liability – Conditions – Unlawfulness – Commission not initiating a proceeding for failure to fulfil obligations – Act not amounting to unlawfulness (Art. 258 TFEU) (see paragraphs 55, 56) 4. Judicial proceedings – Decision taken by way of reasoned order – Possibility of ruling without an oral procedure – No infringement of the right to effective judicial protection (Charter of Fundamental Rights of the European Union, Art. 47; Rules of Procedure of the General Court, Art. 126) (see paragraphs 61-63) Operative part 1. The appeal is dismissed as, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. FL Brüterei M-V GmbH shall bear its own costs.