Orders (Information) nº T-541/10 of The General Court, November 27, 2012

• Resolution Date: November 27, 2012
• Issuing Organization: The General Court
• Decision Number: T-541/10

Case T-541/10

Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY) and Others

v

Council of the European Union

(Action for annulment — Decisions addressed to a Member State with a view to remedying a situation of excessive deficit — No direct concern — Inadmissibility)

Summary — Order of the General Court (First Chamber), 27 November 2012

1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Council decision putting a Member State on notice to take measures to remedy an excessive deficit situation — Action brought by a trade union confederation and by its members — Not directly concerned — Inadmissibility

   (Art. 263, fourth para., TFEU; Council Regulation No 1467/97, Art. 5)

2. European Union — Judicial review of the legality of the acts of the institutions — Acts requiring national application measures — Natural or legal persons able to resort to a request for a preliminary ruling for an assessment of validity — Obligation on Member States to establish the necessary remedies to ensure effective judicial protection — Opening of an action for annulment before the EU judicature in the absence of remedies before the national courts — Exclusion

   (Arts 19(1), second subpara., TEU, 263 TFEU, 267 TFEU and 277 TFEU)

1. The condition for admissibility, namely the requirement that the decision forming the subject-matter of the proceedings must be of direct concern to a natural or legal person, as laid down in the fourth paragraph of Article 263 EC, requires in principle that two cumulative criteria be met, namely, first, the contested measure must directly affect the legal situation of the individual and, second, it must leave no discretion to its addressees, who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from European Union rules without the application of other intermediate rules.

   Accordingly a trade union confederation including as members, in essence, all civil servants and employees of legal persons under public law, and the members of that confederation, are not directly affected by the Council decision giving a Member State notice to take measures to remedy a situation of excessive deficit.

   The provision of that decision concerning the measures to be taken by a Member State to reduce the excessive deficit, in so far as it places the obligation on the Member State concerned to...