CELEX: 62018CN0761
Language: en
Date: 2018-12-03 00:00:00
Title: Case C-761/18 P: Appeal brought on 3 December 2018 by Päivi Leino-Sandberg against the order of the General Court (Seventh Chamber) delivered on 20 September 2018 in Case T-421/17: Leino-Sandberg v Parliament

4.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/10
            
         
      Appeal brought on 3 December 2018 by Päivi Leino-Sandberg against the order of the General Court (Seventh Chamber) delivered on 20 September 2018 in Case T-421/17: Leino-Sandberg v Parliament
      (Case C-761/18 P)
      (2019/C 82/10)
      Language of the case: English
      
         Parties
      
      
         Appellant: Päivi Leino-Sandberg (represented by: O. W. Brouwer, advocaat, S. Schubert, Rechtsanwalt)
      
         Other party to the proceedings: European Parliament
      
         Form of order sought
      
      The appellant claims that the Court should:
      
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                  set aside the order of the General Court of 20 September 2018 in Case T-421/17;
               
            
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                  make use of its power under the second sentence of the first paragraph of Article 61 of the Statute of the Court of Justice to give final judgment in the matter, and
               
            
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                  order the European Parliament to pay the costs of the proceedings, including the costs of any intervening parties.
               
            
         Pleas in law and main arguments
      
      First ground of appeal: errors of law in the contested order when it holds that there is no longer a purpose to the action, and therefore no need to adjudicate. The appellant submits that the contested order incorrectly does not apply the legal test set out in Case C-57/16 P, ClientEarth v. Commission (EU:C:2018:660) under which it should have concluded that because the European Parliament has not withdrawn the contested decision, the purpose of the action remained.
      Second ground of appeal: errors of law and procedure in the contested order when it holds that there is no longer an interest in bringing proceedings. The appellant submits that the contested order misapplies the legal test set out in established case-law, including Case C-57/16 P, under which it should have concluded that the unlawfulness is liable to recur in the future, irrespective of the particular circumstances of the case, and that therefore the interest in bringing proceedings remained.