62020CO0728_INF
Order of the Court (Seventh Chamber) of 30 July 2021 –XX and Others, members of the Uniunea Revoluţionarilor din România v Romania and Others
(Case C‑728/20)
(Action for damages brought by natural persons against a Member State – Action seeking a declaration that the European Parliament and the European Commission failed to act – Application for recognition of the status of politically persecuted persons – Declaration that rights guaranteed by national rules have been infringed – Purely internal situation – Clear lack of jurisdiction of the Court )
1.
Questions referred for a preliminary ruling – Jurisdiction of the Court – Interpretation of national law – Precluded
(Art. 267 TFEU)
(see para. 13)
2.
Judicial proceedings – Action brought by a natural or legal person against a Member State seeking compensation for damage and recognition of the status of a politically persecuted person – No jurisdiction of the EU judicature – Inadmissibility
(see para. 14)
3.
Actions for failure to act – Natural or legal persons – Actionable omissions – Failure of the Parliament and of the Commission to define their position on the adoption of national rules penalising the failure by certain actors to comply with EU law – Manifest inadmissibility
(Art. 265, third para., TFEU)
(see para. 15)
4.
Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Request for an interpretation of the Charter of Fundamental Rights of the European Union – Subject matter of the national dispute not having any connection with EU law – Clear lack of jurisdiction of the Court
(Art. 6(1) TEU; Charter of Fundamental Rights of the European Union, Art. 51(1) and (2), Rules of Procedure of the Court of Justice, Art. 53(2))
(see paras 16, 17)
Operative part
1.
The Court of Justice of the European Union clearly has no jurisdiction to rule on the action in so far as it seeks an order requiring Romania to pay compensation for the damage allegedly sustained by XX and Others, members of the Uniunea Revoluţionarilor din România, and recognition of the latter as politically persecuted persons in Romania.
2.
The action is dismissed as manifestly inadmissible in so far as it seeks a declaration as to the alleged failure to act on the part of the European Parliament and of the European Commission.
3.
XX and Others, members of the Uniunea Revoluţionarilor din România, shall bear their own costs.