CELEX: 62011CO0052
Language: en
Date: 2011-10-26 00:00:00
Title: Order of the Court (Fifth Chamber) of 26 October 2011. # Fernando Marcelino Victoria Sánchez v European Parliament and European Commission. # Appeal - Action for failure to act - Letter addressed to the Parliament and Commission - Response - Decision to take no further action - Appeal manifestly unfounded and manifestly inadmissible. # Case C-52/11 P.

Order of the Court (Fifth Chamber) of 26 October 2011 – Victoria Sánchez v Parliament and Commission
      (Case C-52/11 P)
      Appeal – Action for failure to act – Letter addressed to the Parliament and Commission – Response – Decision to take no further action – Appeal manifestly unfounded and manifestly inadmissible
      1.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application
            is based (Statute of the Court of Justice, Arts 21, first para., and 53, first para; Rules of Procedure of the General Court,
            Art. 44(1)(c)) (see para. 20)
      2.                     Appeals – Grounds – Error of law – Failure of the Parliament and the Commission to examine a petition submitted by the appellant
            – Claims inconsistent with the body of the application brought before the General Court – No error (Art. 256(1), second para.,
            TFEU) (see paras 21-23)
      3.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied
            on not identified – Inadmissibility (Art. 256 TFUE; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure
            of the General Court, Art. 112(1)(c)) (see para. 30)
      4.                     Actions for failure to act – Jurisdiction of the Union judicature – Directions issued to an institution – Not permissible
            (Art. 265 TFEU) (see para. 38)
      Re: 
      
         Appeal brought against the order of the General Court (Fourth Chamber) of 17 November 2010 in Case T‑61/10 
               Victoria Sánchez
                v 
               Parliament and Commission
               , by which the General Court dismissed an action seeking a declaration that the European Parliament and the European Commission
                  had failed to act, in that they unlawfully abstained from replying to the letter of 6 October 2009 sent by the appellant,
                  an application for the issue of directions and a request for protective measures.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Victoria Sánchez is ordered to pay the costs.