Home

Order of the General Court (Fifth Chamber) of 28 March 2023

Order of the General Court (Fifth Chamber) of 28 March 2023

Data

Court
General Court
Case date
28 maart 2023

Verdict

Order of the General Court (Fifth Chamber) of 28 March 2023 –
Primicerj v Commission

(Case T‑612/22)(1)

"(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Initial refusal of access - Act not open to challenge - Inadmissibility - Request for the Court to issue directions - Lack of jurisdiction)"

1. Action for annulmentActionable measuresConceptActs producing binding legal effectsInitial statement of position on a request for access to Commission documentsNot included

(Art. 263 TFEU; European Parliament and Council Regulation No 1049/2001, Arts 7 and 8)

(see paragraphs 13-18)

2. Action for annulmentJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionNot permissible

(Art. 263 TFEU)

(see paragraph 26)

Operative part

1. The action is dismissed in part on the ground of clear lack of jurisdiction and in part for being manifestly inadmissible.

2. There is no longer any need to rule on the application for leave to intervene submitted by Mr Gabriele Di Girolamo, Ms Roberta Tesei and the Associazione Nazionale Giudici di Pace (ANGDP).

3. Ms Paola Primicerji shall pay the costs.

4. Mr Di Girolamo, Ms Tesei and the ANGDP shall bear their own costs relating to their application for leave to intervene.