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Case T-773/16: Action brought on 7 November 2016 — Salehi v Commission
ECLI:EU:UNKNOWN:62016TN0773
62016TN0773
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Official Journal of the European Union
C 53/29
(Case T-773/16)
(2017/C 053/36)
Language of the case: German
Parties
Applicant: Dominik Salehi (Bremen, Germany) (represented by: C. Drews, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—declare that the defendant has infringed Article 1(4) of Regulation (EC) No 539/2001 (as amended by Regulation (EU) No 1289/2013) by failing to refer to the applicant’s letters of 1 July 2016 and 16 September 2016 to take the measures provided for in that provision and to send a communication to the applicant;
—order the defendant to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law: infringement of the principle of reciprocity by the strict application of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015
1.Second plea in law, defendant’s failure to act
The applicant complains that the Commission has not adopted measures pursuant to Article 1(4)(e)(i) of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ 2001 L 81, p. 1).