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Case T-411/23: Order of the General Court of 8 May 2024 – YS v Council and Commission (Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Appointment of one of the candidates nominated by Greece – Rules applicable to the appointment of European Prosecutors – Action for failure to act – No action brought for failure to fulfil obligations – Inadmissibility – Action for annulment – Challenge to the nomination by the Member State – Inadmissibility)
ECLI:EU:UNKNOWN:62023TB0411(01)
62023TB0411(01)
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Official Journal of the European Union
C series
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C/2024/3777
(Case T-411/23)
(Law governing the institutions - Enhanced cooperation on the establishment of the European Public Prosecutor’s Office - Regulation (EU) 2017/1939 - Appointment of European Prosecutors - Appointment of one of the candidates nominated by Greece - Rules applicable to the appointment of European Prosecutors - Action for failure to act - No action brought for failure to fulfil obligations - Inadmissibility - Action for annulment - Challenge to the nomination by the Member State - Inadmissibility)
(C/2024/3777)
Language of the case: Greek
Parties
Applicant: YS (represented by: S. Pappas, D.-A. Pappa and A. Pappas, lawyers)
Defendants: Council of the European Union (represented by: R. Meyer, K. Pleśniak and K. Pavlaki, acting as Agents), European Commission (represented by: T. Adamopoulos, J. Baquero Cruz and F. Blanc, acting as Agents)
Re:
By his action, the applicant seeks, in essence, (i) annulment, on the basis of Article 263 TFEU, of Council Decision (EU) 2023/1335 of 27 June 2023 appointing the European Prosecutors of the European Public Prosecutor’s Office (OJ 2023 L 166, p. 116) and (ii) a declaration, on the basis of Article 265 TFEU, that the Commission unlawfully refrained from bringing proceedings for failure to fulfil obligations against the Hellenic Republic.
Operative part of the order
1.The action is dismissed.
2.YS shall bear the costs, including those relating to the interim proceedings.
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Language of the case: Greek.
ELI: http://data.europa.eu/eli/C/2024/3777/oj
ISSN 1977-091X (electronic edition)
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(<span class="oj-super">1</span>) OJ C, C/2023/22 of 9.10.2023.
ECLI:EU:C:2024:3777
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Language of the case: Greek.