Order of the General Court (Eighth Chamber) of 7 October 2022
Order of the General Court (Eighth Chamber) of 7 October 2022
Data
- Court
- General Court
- Case date
- 7 oktober 2022
Verdict
Order of the General Court (Eighth Chamber) of 7 October 2022 –
ON v Commission
(Case T‑103/22)(1)
"(Action for annulment - Delegated Regulation (EU) 2021/2288 - Regulation (EU) 2021/953 - EU Digital COVID Certificate - Freedom of movement for persons - Restrictions - Lack of direct concern - Inadmissibility)"
1. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themDirect concernCriteriaRegulation standardising the period during which COVID-19 vaccination certificates are to be accepted in the individual Member StatesAction brought by a private individualNo direct concernInadmissibility
(Art. 263, fourth para., TFEU; Commission Regulation 2021/2288)
(see paragraphs 4-18)
2. Fundamental rightsRight to effective judicial protectionReview of legality of EU measuresProceduresProtection of that right by the EU judicature or by the national courts according to the legal nature of the contested measurePossibility of using an annulment action or reference for a preliminary ruling on validity
(Arts 263, 267 and 277 TFEU; Charter of Fundamental Rights of the European Union, Art. 47)
(see paragraphs 19, 20)
Operative part
1. The action is dismissed as inadmissible.
2. ON shall bear his own costs and shall pay the costs incurred by the European Commission.