Order of the Court (Fifth Chamber) of 15 December 2011 – Altner v Commission
(Case C-411/11 P)
Appeal – Action for annulment – Commission’s refusal to bring infringement proceedings – Action for declaration of failure to act – Manifest inadmissibility – Right to an impartial court or tribunal
1.Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Excluded (Art. 258 TFEU) (see para. 8)
2.Union law – Principles – Fundamental rights – Observance guaranteed by the Court – European Convention on Human Rights – Right to a fair trial – Implications (Art. 6(3) TEU) (see paras 13-15)
Re:
Appeal against the order of the General Court (Fourth Chamber) of 6 July 2011 in Case T‑190/11 | Altner | v | Commission | dismissing as manifestly inadmissible the applicant’s application for annulment of the Commission’s decision of 25 November 2010 to take no further action on the applicant’s complaint seeking a declaration that European Union law had been infringed by the Czech legislation on legal protection of the right to vote, and for a declaration of failure to act in respect of the unlawful refusal to act following from that decision – Infringement of the right to a fair trial in respect of the lack of impartiality of the president of the formation of the court hearing the case. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Mr Altner is ordered to pay the costs. |