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.
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