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Case T-55/22: Order of the General Court of 17 October 2022 — Swords v Commission and ECDC (Action for annulment — Public health — Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic — Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) — Acts not open to challenge — European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC — Plea of illegality — Inadmissibility)
ECLI:EU:UNKNOWN:62022TB0055
62022TB0055
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16.1.2023
Official Journal of the European Union
C 15/42
(Case T-55/22) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - Public health - Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic - Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) - Acts not open to challenge - European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC - Plea of illegality - Inadmissibility)
(2023/C 15/55)
Language of the case: English
Parties
Applicant: Patrick Swords (Dublin, Ireland) (represented by G. Byrne, lawyer)
Defendants: European Commission (represented by A. Szmytkowska and F. van Schaik, acting as Agents), European Centre for Disease Prevention and Control (represented by R. Malacalza, M.-A. Ekström and E. Sinclair, acting as Agents)
Re:
By his action under Article 263 TFEU, the applicant seeks annulment of the risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) in the context of the COVID-19 pandemic on 24 and 26 November and on 2 and 15 December 2021 and also the inapplicability, under Article 277 TFEU, of the Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, of 1 December 2021, entitled, ‘Addressing together current and new COVID-19 challenges’ (COM/2021/764 final) and the coordinated approach, as accepted by the Health Security Committee (HSC), published by the Commission on 8 December 2021, which were based on the contested scientific opinions.
Operative part of the order
1.The action is dismissed as inadmissible.
2.Mr Patrick Swords shall pay the costs.
(<span class="oj-super">1</span>) OJ C 119, 14.3.2022.