CELEX: 62008CO0251
Language: en
Date: 2009-03-17 00:00:00
Title: Order of the Court (Eighth Chamber) of 17 March 2009. # Ammayappan Ayyanarsamy v Commission of the European Communities and Federal Republic of Germany. # Appeal manifestly inadmissible and unfounded - Alleged infringement of the appellant’s fundamental rights by the national authorities - Action for annulment of the Commission’s letter stating that it had no power to intervene before the national courts - Concept of ‘challengeable act’ for the purposes of Article 230 EC. # Case C-251/08 P.

Order of the Court (Eighth Chamber) of 17 March 2009 – Ayyanarsamy v Commission and Germany
      (Case C‑251/08 P)
      Appeal manifestly inadmissible and unfounded – Alleged infringement of the appellant’s fundamental rights by the national authorities – Action for annulment of the Commission’s letter stating that it had no power to intervene before the national courts – Concept of ‘challengeable act’ for the purposes of Article 230 EC
      1.                     Appeals – Grounds – Plea not precisely stated – Inadmissible (Rules of Procedure of the Court of Justice, Art. 112(1)) (see
            paras 10-12)
      2.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230 EC) (see paras
            14-19)
      Re: 
      
         Appeal against the order of the Court of First Instance (Fifth Chamber) of 1 April 2008 in Case T-412/07 
               Ayyanarsamy
                v 
               Commission
               and Germany
               , by which that Court dismissed, partly on the ground of manifest inadmissibility and partly on the ground of manifest lack
                  of jurisdiction, the action seeking, first, annulment of the Commission’s letter of 18 September 2007 informing the appellant
                  that it could not intervene in his favour before the German courts and, secondly, payment of compensation for the damage allegedly
                  suffered by the appellant by reason of the conduct of the German authorities – Infringement of the rights of individuals arising
                  from Articles 230 EC and 232 EC – Concept of challengeable act for the purposes of Article 230 EC.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed as being in part manifestly inadmissible and in part manifestly unfounded.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Ayyanarsamy is ordered to bear his own costs.