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Case T-161/21: Action brought on 25 March 2021 — McCord v Commission
ECLI:EU:UNKNOWN:62021TN0161
62021TN0161
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28.6.2021
EN
Official Journal of the European Union
C 252/26
(Case T-161/21)
(2021/C 252/36)
Language of the case: English
Parties
Applicant: Raymond Irvine McCord (Belfast, United Kingdom) (represented by: C. O’Hare, Solicitor)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—pursuant to Article 263 to the Treaty on the Functioning of the European Union, annul the decision and/or draft Regulation on 29 January 2021 of the European Commission to trigger Article 16 of the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2019/C 384 I/01) (‘the Withdrawal Agreement’) and;
—pursuant to Article 263 to the Treaty on the Functioning of the European Union, annul the decision of the European Commission not to have a published policy or an order that the European Commission develops and publishes a policy on the circumstances in which the Commission will trigger Article 16 of the Northern Ireland Protocol;
—pursuant to Article 265 to the Treaty on the Functioning of the European Union, declare that the European Commission has failed to act to have a published policy or an order that the European Commission develops and publishes a policy on the circumstances in which the Commission will trigger Article 16 of the Northern Ireland Protocol;
—order against the Commission for the Applicant’s costs of this application, to include all preparatory legal costs.
Pleas in law and main arguments
In support of the action, the applicant puts forward that the decision and/or draft regulation to invoke Article 16 of the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (1), by the European Commission was disproportionate and unlawful. He further states that the Commission needs to publish its policy in relation to the triggering of Article 16 of the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community in the future.
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2019 CI 384, p. 1).