Nuclear power – Application initiating proceedings – Action for annulment – Decision of the Commission not to take any further action in respect of a complaint concerning a project for extension of blocks of a nuclear power plant – Action for a declaration of failure to act – Failure by the Commission to send all documents requested relevant to that project – Formal requirements – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility
3. Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Not included (Arts 258 TFEU and 263 TFEU) (see paras 33-34)
Firstly, in essence, annulment of the Commission decision of 25 March 2010 not to take any further action in respect of the applicant’s complaint concerning the project for extension of blocks 3 and 4 of the Mochovce nuclear power plant in Slovakia and, secondly, an action in respect of failure to act, within the meaning of Article 265 TFEU, since the Commission failed to grant the applicant full access to the documents requested relevant to that project, in breach of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).
1.The action is dismissed.
2.The Land Wien is ordered to pay the costs.