Notices for publication in the OJ nº T-627/19 of Tribunal General de la Unión Europea, October 25, 2019

Resolution DateOctober 25, 2019
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-627/19

Action brought on 20 September 2019 - Shindler and Others v European Commission

(Case T-627/19)

Language of the case: French

Parties

Applicants: Harry Shindler (Porto d'Ascoli, Italy) and five other applicants (represented by: J. Fouchet, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul the European Commission’s express refusal of 13 September 2019 to acknowledge a failure to act;

rule that the European Commission unlawfully failed to take:

first, a decision safeguarding the European citizenship of applicants of the United Kingdom who enjoy a private and family life in the other Member States of the European Union and did not have the right to vote on whether their Member State of origin should leave the European Union, based solely on the exercise of their freedom of movement (‘the 15-year rule’), irrespective of whether or not there is an agreement on the United Kingdom’s withdrawal from the European Union,

secondly, a binding decision uniformly applicable in the other 27 Member States of the European Union in which citizens of the United Kingdom live, comprising various measures with regard to entry, stay, social rights and occupation, to apply in the absence of an agreement on the United Kingdom’s withdrawal from the European Union;

consequently:

take note of the failure to act;

order the European Commission to pay each of the applicants the sum of EUR 1 500 for the costs relating to their legal representation.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging infringement of the rights they derive from their European citizenship, whether or not there is a withdrawal...

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