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Order of the Court (Fifth Chamber) of 26 October 2011. # Fernando Marcelino Victoria Sánchez v European Parliament and European Commission. # Appeal - Action for failure to act - Letter addressed to the Parliament and Commission - Response - Decision to take no further action - Appeal manifestly unfounded and manifestly inadmissible. # Case C-52/11 P.
ECLI:EU:C:2011:693
62011CO0052
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(Case C-52/11 P)
Appeal – Action for failure to act – Letter addressed to the Parliament and Commission – Response – Decision to take no further action – Appeal manifestly unfounded and manifestly inadmissible
3. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256 TFUE; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 112(1)(c)) (see para. 30)
4. Actions for failure to act – Jurisdiction of the Union judicature – Directions issued to an institution – Not permissible (Art. 265 TFEU) (see para. 38)
Re:
Appeal brought against the order of the General Court (Fourth Chamber) of 17 November 2010 in Case T‑61/10 Victoria Sánchez v Parliament and Commission, by which the General Court dismissed an action seeking a declaration that the European Parliament and the European Commission had failed to act, in that they unlawfully abstained from replying to the letter of 6 October 2009 sent by the appellant, an application for the issue of directions and a request for protective measures.
Operative part
1.The appeal is dismissed.
2.Mr Victoria Sánchez is ordered to pay the costs.