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Case T-99/19: Order of the General Court of 25 September 2019 — Magnan v Commission (Action for failure to act, for damages and for annulment — Free movement of workers — Freedom to choose an occupation — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Alleged infringement of that agreement by Swiss laws and regulations governing the exercise of the profession of medical practitioner — Application for the adoption of measures against Switzerland and application for compensation for harm suffered — Reply of EEAS — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62019TB0099
62019TB0099
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16.12.2019
Official Journal of the European Union
C 423/57
(Case T-99/19) (<span class="super note-tag">1</span>)
(Action for failure to act, for damages and for annulment - Free movement of workers - Freedom to choose an occupation - Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Alleged infringement of that agreement by Swiss laws and regulations governing the exercise of the profession of medical practitioner - Application for the adoption of measures against Switzerland and application for compensation for harm suffered - Reply of EEAS - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
(2019/C 423/72)
Language of the case: French
Parties
Applicant: Nathaniel Magnan (Aix-en-Provence, France) (represented by: J. Fayolle, lawyer)
Defendant: European Commission (represented by: H. Støvlbæk, J. Hottiaux and M. Šimerdová, acting as Agents)
Re:
Application (i) under Article 265 TFEU seeking a declaration that the Commission unlawfully failed to take measures against the Swiss Confederation following an alleged infringement of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (OJ 2002 L 114, p. 6), signed in Luxembourg on 21 June 1999, (ii) under Article 263 TFEU seeking annulment of the decision of the Commission refusing to adopt measures against the Swiss Confederation, contained in the letter of the European External Action Service (EEAS) of 20 December 2018 and (iii) under Articles 268 and 340 TFEU seeking compensation for the harm that the applicant has allegedly suffered since 2013 due to an infringement of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, as well as a penalty payment.
Operative part of the order
1.The action is dismissed.
2.Mr Nathaniel Magnan shall pay the costs.
(<span class="note">1</span>) OJ C 206, 17.6.2019.