Official Journal of the European Union

C 131/50

(Case T-258/18) (<span class="super note-tag">1</span>)

(Action for failure to act - Deadline for bringing an action - Starting point - No invitation to act - Second invitation to act - Manifest inadmissibility - Application of a declaratory nature - Application for interim measures - Manifest lack of jurisdiction)

(2019/C 131/58)

Language of the case: German

Parties

Applicant: Lothar Brunke (Berlin, Germany) (represented by: A. Schniebel, lawyer)

Defendant: European Commission (represented by: G. Braun and H. Støvlbæk, acting as Agents)

Re:

Principally, an application for a declaration establishing ‘the discriminatory effect’ of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22) and, in the alternative, first, an application, in essence, for an interim measure to be directed against the Commission and, secondly, an application under Article 265 TFEU for a declaration that the Commission unlawfully failed to follow up on the applicant’s letters of 6 June and 27 December 2017.

Operative part of the order

1.The action is dismissed in part due to the Court’s manifest lack of jurisdiction to hear the action and in part because it is manifestly inadmissible.

2.There is no longer any need to rule on the applications for leave to intervene submitted by the Council of the European Union and the European Parliament.

3.Mr Lothar Brunke shall bear his own costs and pay those incurred by the European Commission.

4.The Council shall bear its own costs relating to its application to intervene.

5.The Parliament shall bear its own costs relating to its application to intervene.

(<span class="note"> <a id="ntr1-C_2019131EN.01005001-E0001" href="#ntc1-C_2019131EN.01005001-E0001">*1</a> </span>) OJ CC 276, 6.8.2018.