Case T-350/20: Order of the General Court of 17 December 2020 — Wagenknecht v Commission (Action for failure to act — Protection of the European Union’s financial interests — Combating fraud — Meetings of the College of European Commissioners and its President with the representative of the Czech Republic — Multiannual Financial Framework 2021-2027 — Financial regulation — Direct payments from the EU budget in favour of farmers — Alleged conflict of interest of the Prime Minister of the Czech Republic — Alleged failure to act by the Commission — Article 130(1) of the Rules of Procedure — Interest in bringing proceedings — Locus standi — Definition of the Commission’s position — Inadmissibility)
Date: 2020-12-17
Institutions: General Court
Subjects: Czechia, EU direct payments, aid to agriculture, conflict of interest, fraud against the EU, head of government, multiannual financial framework, right of action, single payment scheme








C_2021062EN.01003501.xml










22.2.2021   


EN


Official Journal of the European Union


C 62/35






Order of the General Court of 17 December 2020 — Wagenknecht v Commission
(Case T-350/20) (1)

(Action for failure to act - Protection of the European Union’s financial interests - Combating fraud - Meetings of the College of European Commissioners and its President with the representative of the Czech Republic - Multiannual Financial Framework 2021-2027 - Financial regulation - Direct payments from the EU budget in favour of farmers - Alleged conflict of interest of the Prime Minister of the Czech Republic - Alleged failure to act by the Commission - Article 130(1) of the Rules of Procedure - Interest in bringing proceedings - Locus standi - Definition of the Commission’s position - Inadmissibility)
(2021/C 62/44)
Language of the case: English

Parties


Applicant: Lukáš Wagenknecht (Pardubice, Czech Republic) (represented by: A. Koller, lawyer)

Defendant: European Commission (represented by: F. Erlbacher and M. Salyková, acting as Agents)

Re:

Application under Article 265 TFEU for a declaration that the Commission unlawfully failed to act on the applicant’s request to adopt, by virtue of Article 325(1) and Article 319(3) TFEU and of Article 61(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1), binding and dissuasive measures designed to prevent or deal with the alleged conflict of interests of Mr Andrej Babiš, the Prime Minister of the Czech Republic, in particular, first, by preventing the Members of the College of Commissioners, particularly its President, from meeting Mr Babiš and discussing with him questions connected with the Multiannual Financial Framework of the European Union for 2021-2027 and with the EU budget in general and, second, by adopting measures intended to put an end to the direct payments of agricultural aid from the EU budget in favour of certain companies over which Mr Babiš exercises control and of which he is the effective proprietor.

Operative part of the order







1.


No regard shall be had to the document produced as Annex A.9 and passages from the application referring to the content of that document.










2.


The action is dismissed as inadmissible.










3.


Mr Lukáš Wagenknecht shall pay the costs.






(1)  OJ C 271, 17.8.2020.