Order of the Court (Sixth Chamber) of 28 June 2011 – Verein Deutsche Sprache v Council
(Case C-93/11 P)
Appeal – Contents of the internet site of the Presidency of the Council – Council’s failure to guarantee that the entire contents of the site exist in the German language – Action for failure to act – Position taken – Action for annulment – Actionable measures – Effective judicial protection – Appeal clearly unfounded
1.Procedure – Application initiating proceedings – Formal requirements – Statement of the forms of order sought – Implicit claims seeking a declaration of an institution’s failure to act (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(d)) (see paras 18-21)
2.Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects – Presentation of the internet sites of the Presidencies of the Council – Letter sent by an institution – Not included (Art. 263, fourth para., TFEU) (see paras 25-29)
3.Union law – Principles – Right to effective judicial protection – Inadmissibility of an action for annulment of measures that do not produce binding legal effects – Whether possible for persons to challenge such measures by means of an action for the Union’s non-contractual liability (Arts 268 TFEU and 340, second para., TFEU) (see paras 30-31)
Re:
| Appeal brought against the order of the General Court (Third Chamber) of 17 December 2010 in Case T‑245/10 | Verein Deutsche Sprache | v | Council | by which that court dismissed as manifestly inadmissible the appellant’s action for a declaration that the Council had infringed European Union law by, in particular, failing to ensure that the entire contents of the Council Presidency’s website be available in German – Failure to take account of the nature and purpose of the action – No legal scrutiny of the Council’s position – Breach of the obligation to safeguard the unity and consistency of Union law. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Verein Deutsche Sprache eV is ordered to pay the costs. |