Orders (Information) nº T-738/18 of Tribunal General de la Unión Europea, May 12, 2020

• Resolution Date: May 12, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-738/18

Order of the General Court (First Chamber) of 12 May 2020 - Dragnea v Commission

(Case T-738/18)

(Action for annulment - European Regional Development Fund - Romanian 2007-2013 Regional Operational Programme - External investigations conducted by OLAF - Final reports and recommendations of OLAF - National decision initiating a criminal investigation - Refusal by OLAF to open an enquiry into the conduct of the previous investigations - Refusal of access to the OLAF investigation file - Act not open to challenge - Inadmissibility)

1. Action for annulment - Acts open to challenge - Concept - Measures producing binding legal effects - Assessment by reference to objective criteria - An act of an institution which amounts to a rejection - Appraisal in the light of the nature of the request giving rise to the act

   (Art. 263 TFEU)

   (see paras 29, 30)

2. Action for annulment - Acts open to challenge - Concept - Refusal by the European Anti-fraud Office (OLAF) to open an enquiry into the conduct of its previous investigations - Not included

   (Art. 263 TFEU; European Parliament and Council Regulation No 883/2013, Arts 1 and 9)

   (see paras 31, 32, 35-37)

3. Action for annulment - Action against a decision refusing to withdraw or amend an earlier act - Admissibility to be assessed in relation to the possibility of challenging the act at issue - Report of the European Anti-fraud Office (OLAF) concerning an external administrative investigation - Inadmissibility

   (Art. 263 EC; European Parliament and Council Regulation No 883/2013, Art. 11)

   (see paras 39-41)

4. European Anti-fraud Office (OLAF) - Investigations - Final investigation report and recommendations - Not binding on the addressee national authorities - Discretion of the national authorities as to the action to be taken - Obligation to ensure, at national level, judicial protection in the event of proceedings

   (Art. 267 EC; European Parliament and Council Regulation No 883/2013, Art. 11)

   (see para. 49)

5. EU law - Principles - Right to effective judicial protection - Inadmissibility of an action for annulment against measures not producing binding legal effects - Possibility of parties challenging such measures by an action in...