Order of the General Court (Eighth Chamber) of 8 March 2019

Data

Court: General Court

Case date: 8 maart 2019

Verdict

Order of the General Court (Eighth Chamber) of 8 March 2019 –
Legutko and Poręba v Parliament

(Case T‑156/18)

"(Action for failure to act - Institutional law - Rules of Procedure of the Parliament - Article 130 - Annex II - Question for written answer - Request that the question be forwarded to the Council - Notification of the decision finding the question inadmissible - Invitation to act - Position of the Parliament - Application for an injunction - Inadmissible)"

1. Actions for failure to actPosition taken within the meaning of Article 265, second para., TFEU before the action broughtInadmissibility

(Art. 265, second para. TFEU)

(see paras 23, 43)

2. Actions for failure to actFailure to actConceptNo action takenMeasure not considered satisfactoryNot included

(Art. 265 TFEU)

(see paras 24, 37)

3. Actions for failure to actPosition taken within the meaning of Article 265, second para., TFEU before the action broughtConceptRefusal to act in accordance with the invitation to actIncluded

(Art. 265, second para. TFEU)

(see para. 30)

4. Actions for failure to actJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionNot permissible

(Arts 265 and 266 TFEU)

(see paras 47-49)

Re:

Action under Article 265 TFEU seeking a declaration that the Parliament unlawfully failed to forward Question for written answer P-003358/17 to the Council of the European Union, in breach of Article 130 of the Rules of Procedure of the Parliament and the provisions of Annex II thereto.

Operative part

1. The action is dismissed as inadmissible.

2. Mr Ryszard Antoni Legutko and Mr Tomasz Piotr Poręba are ordered to pay the costs.