Orders nº T-66/19 of Tribunal General de la Unión Europea, December 10, 2019

• Resolution Date: December 10, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-66/19

(Action for annulment - Internal market - Fundamental freedoms - Regulation (EU) 2018/1724 - Establishment of a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services - Sub-national authority - Standing to bring proceedings - Individual concern - Inadmissibility)

In Case T-66/19,

Vlaamse Gemeenschap (Belgium),

Vlaams Gewest (Belgium),

represented by T. Eyskens, N. Bonbled and P. Geysens, lawyers,

applicants,

v

European Parliament, represented by I. McDowell, R. van de Westelaken and M. Peternel, acting as Agents

and

Council of the European Union, represented by K. Michoel and O. Segnana, acting as Agents,

defendants,

ACTION under Article 263 TFEU seeking the annulment of Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ 2018 L 295, p. 1),

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira, President, D. Gratsias (Rapporteur) and T. Perišin, Judges,

Registrar: E. Coulon,

makes the following

Order

Background to the dispute

1 On 6 May 2015, the European Commission adopted a communication entitled ‘A Digital Single Market Strategy for Europe’ (COM(2015) 192 final). In paragraph 4.3.2 of that communication, entitled ‘E-government’, the Commission notes that ‘contact points between public authorities and citizens/businesses are … fragmented and incomplete’ and that ‘the needs of businesses and citizens in their cross-border activities could be better met by building on the Digital Services Infrastructures of the Connecting Europe Facility and extending and integrating existing European portals, networks, services and systems … and linking them to the “Single Digital Gateway”’.

2 Thus, the Commission committed itself to bringing forward a new e-government Action Plan for 2016-2020 which would entail, inter alia, ‘extending and integrating European and national portals’ in order to work towards the single digital gateway in question.

3 In addition, on 28 October 2015, the Commission adopted a communication entitled ‘Upgrading the Single Market: more opportunities for people and business’ (COM(2015) 550 final). With this communication the Commission set out its strategy for the single market.

4 In that regard, the Commission made a legislative proposal which led to the adoption of Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ 2018 L 295, p. 1).

5 As stated in recital 4 thereof, Regulation 2018/1724 offers citizens and businesses easy access to the information, the procedures, and the assistance and problem-solving services that they need in order to exercise their rights in the internal market. Consequently, the gateway established under that regulation could contribute to the greater transparency of rules and regulations relating to different business and life events, in areas such as travel, retirement, education, employment, healthcare, consumer rights and family rights.

6 According to recital 6 thereof, Regulation 2018/1724 has three objectives, namely (i) to reduce any additional administrative burden on citizens and businesses that exercise or want to exercise their internal market rights, including the free movement of citizens, in full compliance with national rules and procedures, (ii) to eliminate discrimination and (iii) to ensure the functioning of the internal market with regard to the provision of information, of procedures and of assistance and problem-solving services.

7 As stated in recital 7 of Regulation 2018/1724, in order for EU citizens and businesses to enjoy their right to free movement within the internal market, the European Union should adopt specific, non-discriminatory measures allowing citizens and businesses to have easy access to sufficiently comprehensive and reliable information about their rights under EU law and to information about the applicable national rules and procedures which they need to comply with when they move to, live or study in, or when they establish or carry on a business in, a Member State other than their own.

8 As is recognised in recital 9 of Regulation 2018/1724, citizens and businesses from other Member States can be at a disadvantage in a Member State other than their own due to their lack of familiarity with the national rules and administrative systems, the different languages used and their lack of geographic proximity to the competent authorities. As stated in the same recital, the most efficient way to reduce the ensuing obstacles to the internal market is to enable cross-border and non-cross-border users to access information online in a language they are able to understand in order to enable them to complete procedures for compliance with national rules fully online and to offer them assistance where rules and procedures are not clear enough or where they encounter obstacles to...