62020TO0231(02)_INF
Order of the General Court (Tenth Chamber, Extended Composition) of 8 June 2021 – Price v Council
(Case T‑231/20)
(Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of EU citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility)
1.
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Person individually affected by a measure of a general nature – Conditions – Council decision approving the conclusion of the agreement setting out the arrangements for the United Kingdom’s withdrawal from the European Union – Action brought by United Kingdom nationals – Loss of EU citizenship and related rights – Act not of individual concern – Inadmissibility
(Art. 263, fourth para., TFEU; Council Decision (EU) 2020/135)
(see paras 34, 36-40, 44-51)
2.
Action for annulment – Natural or legal persons – Concept of ‘regulatory act’ within the meaning of the fourth paragraph of Article 263 TFEU – Council decision approving the conclusion of the agreement setting out the arrangements for the United Kingdom’s withdrawal from the European Union – Not included
(Art. 263, fourth para., TFEU; Council Decision (EU) 2020/135)
(see paras 52, 54, 55, 57, 58, 65-77)
Re:
Application under Article 263 TFEU for annulment in part of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2020 L 29, p. 7) and of Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2020 L 29, p. 1).
Operative part
1.
The action is dismissed as inadmissible.
2.
There is no longer any need to adjudicate on the application for leave to intervene submitted by the European Commission.
3.
Mr David Price is ordered to bear, in addition to his own costs, those incurred by the Council of the European Union, including those regarding the application for interim measures, with the exception of those related to the application for leave to intervene.
4.
Mr Price, the Council and the Commission shall each bear their own costs relating to the application for leave to intervene.