Order of the Court (Sixth Chamber) of 28 June 2011 – Verein Deutsche Sprache v Council
(Case C-93/11 P)
Appeal – Contents of the internet site of the Presidency of the Council – Council’s failure to guarantee that the entire contents of the site exist in the German language – Action for failure to act – Position taken – Action for annulment – Actionable measures – Effective judicial protection – Appeal clearly unfounded
1. Procedure – Application initiating proceedings – Formal requirements – Statement of the forms of order sought – Implicit claims seeking a declaration of an institution’s failure to act (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(d)) (see paras 18-21)
2. Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Presentation of the internet sites of the Presidencies of the Council – Letter sent by an institution – Not included (Art. 263, fourth para., TFEU) (see paras 25-29)
3. Union law – Principles – Right to effective judicial protection – Inadmissibility of an action for annulment of measures that do not produce binding legal effects – Whether possible for persons to challenge such measures by means of an action for the Union’s non-contractual liability (Arts 268 TFEU and 340, second para., TFEU) (see paras 30-31)
Re:
Appeal brought against the order of the General Court (Third Chamber) of 17 December 2010 in Case T‑245/10 Verein Deutsche Sprache v Council by which that court dismissed as manifestly inadmissible the appellant’s action for a declaration that the Council had infringed European Union law by, in particular, failing to ensure that the entire contents of the Council Presidency’s website be available in German – Failure to take account of the nature and purpose of the action – No legal scrutiny of the Council’s position – Breach of the obligation to safeguard the unity and consistency of Union law.
Operative part
1.
The appeal is dismissed.
2.
Verein Deutsche Sprache eV is ordered to pay the costs.
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