CELEX: 62010CN0521
Language: en
Date: 2010-11-08 00:00:00
Title: Case C-521/10 P: Appeal brought on 8 November 2010 by Grúas Abril Asistencia S.L. against the order of the General Court (Second Chamber) delivered on 24 August 2010 in Case T-386/09 Grúas Abril Asistencia S.L. v European Commission

29.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/18
            
         Appeal brought on 8 November 2010 by Grúas Abril Asistencia S.L. against the order of the General Court (Second Chamber) delivered on 24 August 2010 in Case T-386/09 Grúas Abril Asistencia S.L. v European Commission
   (Case C-521/10 P)
   ()
   2011/C 30/30
   Language of the case: Spanish
   
      Parties
   
   
      Appellant: Grúas Abril Asistencia, S.L. (represented by: R. García García, abogado)
   
      Other party: European Commission
   
      Form of order sought
   
   Accept the arguments put forward and set aside, on completion of the necessary legal formalities, the abovementioned order of inadmissibility, declaring the action for annulment admissible, as the appellant has standing to bring it, and giving final judgment in accordance with the appellant’s claims.
   
      Pleas in law and main arguments
   
   The appeal is brought against the order of the General Court which held inadmissible the application for annulment of the European Commission’s decision not to bring any proceedings with a view to remedying the infringements complained of. The General Court reasoned that such a refusal to act was not amenable to challenge by an individual.
   The appellant submits that individuals have standing to bring actions for annulment, as provided for in Article 230 EC and Article III-365 of the Treaty establishing a Constitution for Europe and in the case-law, where they are addressees of the decision which is challenged and where the decision is of direct and individual concern to them. The appellant requests that the order holding inadmissible its application for annulment be set aside and that consequently that application be allowed.