Case T-590/15: Order of the General Court of 24 June 2016 — Onix Asigurări v EIOPA (Action for failure to act, for annulment and for damages — Application for an inquiry to be opened into the alleged infringement of EU law — Decision of the Chair of EIOPA not to open an inquiry — Decision of the Appeals Committee to dismiss as inadmissible the complaint — Time-limits for bringing proceedings — Act not open to challenge — Infringement of essential procedural requirements — Action in part manifestly inadmissible and in part manifestly lacking any legal basis)
Date: 2016-06-24
Institutions: General Court
Subjects: EU office or agency, Italy, freedom to provide services, insurance, right of establishment, supervisory power








C_2016305EN.01003601.xml










22.8.2016   


EN


Official Journal of the European Union


C 305/36





Order of the General Court of 24 June 2016 — Onix Asigurări v EIOPA
(Case T-590/15) (1)

((Action for failure to act, for annulment and for damages - Application for an inquiry to be opened into the alleged infringement of EU law - Decision of the Chair of EIOPA not to open an inquiry - Decision of the Appeals Committee to dismiss as inadmissible the complaint - Time-limits for bringing proceedings - Act not open to challenge - Infringement of essential procedural requirements - Action in part manifestly inadmissible and in part manifestly lacking any legal basis))
(2016/C 305/50)
Language of the case: Romanian

Parties


Applicant: Onix Asigurări SA (Bucarest, Romania) (represented by: M. Vladu, lawyer)

Defendant: European Insurance and Occupational Pensions Authority (represented by: C. Coucke and S. Dispiter, Agents, and H.-G. Kamman, lawyer)

Re:

First, primarily, an application based on Article 265 TFEU seeking a declaration that EIOPA illegally failed to take a decision against the incorrect application, by the Istituto per la Vigilanza sulle Assicurazioni (IVASS, the Italian supervisory authority for the insurance sector), of Article 40(6) of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ 1992 L 228, p. 1) and, in the alternative, an application based on Article 263 TFEU and seeking annulment of the decision EIOPA-14-267 of the Chair of EIOPA dated 6 June 2014 on the opening of an inquiry under Article 17 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ 2010 L 331, p. 48), and of Decision BOA 2015 001 of the Appeals Committee dated 3 August 2015, rejecting as inadmissible an appeal brought by Onix Asigurări under Article 60 of Regulation No 1094/2010 and, secondly, an application based on Article 268 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant on account of the abovementioned omission and the adoption of those decisions.

Operative part of the order







1.


The action is dismissed.










2.


Onix Asigurări SA shall bear its own costs and pay those incurred by the European Insurance and Occupational Pensions Authority (EIOPA).






(1)  OJ C 414, 14.12.2015.