Order of the General Court (Fifth Chamber) of 9 February 2017

1. Actions for annulmentActionable measuresDefinitionMeasures producing binding legal effectsPreparatory measuresNot included

(Art. 263, first para., TFEU)

(see paras 24-26, 30, 33, 38)

2. Judicial proceedingsApplication initiating proceedingsFormal requirementsIdentification of the defendantDesignation as defendant, without error on the part of the applicant, of a person other than the author of the contested measureInadmissibilityLimitsFactors allowing the defendant to be identified without difficulty

(Art. 263, first para., TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(c))

(see para. 38)

Re:

APPLICATION pursuant to Article 263 TFEU seeking (i) annulment of the Commission’s declaration of intent concerning the conclusion of a treaty binding on the contracting parties — the European Union and the United States of America — as regards the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership (TTIP), and, in the alternative, a declaration that it is contrary to EU law; (ii) annulment of the Commission’s prior decision concerning the submission of the aforementioned declaration of intent on the authorisation of the agreement and (iii) annulment of the Commission’s oral decision connected with the conclusion of a treaty or a non-binding political agreement with the United States of America on the ‘TTIP access regime’ and classifying that regime as binding under EU law, in so far as it strictly prohibits members of the parliaments of the Member States from being accompanied by vetted staff, including staff of their political group, when viewing documents relating to the TTIP in reading rooms established for that purpose.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Katharina Dröge, Britta Haßelmann and Anton Hofreiter to pay the costs.