CELEX: 62021TN0161
Language: en
Date: 2021-03-25 00:00:00
Title: Case T-161/21: Action brought on 25 March 2021 — McCord v Commission

28.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/26
            
         
      Action brought on 25 March 2021 — McCord v Commission
      (Case T-161/21)
      (2021/C 252/36)
      Language of the case: English
      
         Parties
      
      
         Applicant: Raymond Irvine McCord (Belfast, United Kingdom) (represented by: C. O’Hare, Solicitor)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicants claim that the Court should:
      
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                  pursuant to Article 263 to the Treaty on the Functioning of the European Union, annul the decision and/or draft Regulation on 29 January 2021 of the European Commission to trigger Article 16 of the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2019/C 384 I/01) (‘the Withdrawal Agreement’) and;
               
            
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                  pursuant to Article 263 to the Treaty on the Functioning of the European Union, annul the decision of the European Commission not to have a published policy or an order that the European Commission develops and publishes a policy on the circumstances in which the Commission will trigger Article 16 of the Northern Ireland Protocol;
               
            
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                  pursuant to Article 265 to the Treaty on the Functioning of the European Union, declare that the European Commission has failed to act to have a published policy or an order that the European Commission develops and publishes a policy on the circumstances in which the Commission will trigger Article 16 of the Northern Ireland Protocol;
               
            
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                  order against the Commission for the Applicant’s costs of this application, to include all preparatory legal costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant puts forward that the decision and/or draft regulation to invoke Article 16 of the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (1), by the European Commission was disproportionate and unlawful. He further states that the Commission needs to publish its policy in relation to the triggering of Article 16 of the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community in the future.
      
         (1)  Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2019 CI 384, p. 1).