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Case T-715/19: Order of the General Court of 17 July 2020 — Wagenknecht v European Council (Action for failure to act — Protection of the European Union’s financial interests — Combating fraud — Meeting of the European Council — Multiannual financial framework — Financial regulation — Alleged conflict of interest of the representative of the Czech Republic at a meeting of the European Council — Alleged lack of action by the European Council — Article 130 of the Rules of Procedure — Interest in bringing proceedings — Locus standi — Definition of the position of the European Council — End of the failure to act — Inadmissibility — Article 15(2) TEU — Action manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62019TB0715

62019TB0715

July 17, 2020
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Official Journal of the European Union

C 348/17

(Case T-715/19) (<span class="oj-super oj-note-tag">1</span>)

(Action for failure to act - Protection of the European Union’s financial interests - Combating fraud - Meeting of the European Council - Multiannual financial framework - Financial regulation - Alleged conflict of interest of the representative of the Czech Republic at a meeting of the European Council - Alleged lack of action by the European Council - Article 130 of the Rules of Procedure - Interest in bringing proceedings - Locus standi - Definition of the position of the European Council - End of the failure to act - Inadmissibility - Article 15(2) TEU - Action manifestly lacking any foundation in law)

(2020/C 348/24)

Language of the case: English

Parties

Applicant: Lukáš Wagenknecht (Pardubice, Czech Republic) (represented by: A. Dolejská, lawyer)

Defendant: European Council (represented by: A. Westerhof Löfflerová, A. Jensen and M.J. Bauerschmidt, acting as Agents)

Re:

Application on the basis of Article 265 TFEU seeking a declaration that the European Council unlawfully failed to act on the applicant’s request to exclude the Prime Minister of the Czech Republic, Mr Andrej Babiš, from the meeting of the European Council of 20 June 2019 and from future meetings concerning the financial perspective negotiations, due to his alleged conflict of interest with regard to the requirements of Article 325(1) TFEU and Article 61(1) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013 (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014 and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1).

Operative part of the order

1.The action is dismissed as inadmissible and, in any event, manifestly devoid of any foundation in law.

2.Lukáš Wagenknecht shall pay the costs.

Language of the case: English.

(1)

OJ C 54, 17.2.2020.

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