Order of the General Court of 14 July 2020 — Shindler and Others v Commission

(Case T-627/19) (1)

(Actions for failure to act and for annulment - Area of freedom, security and justice - Withdrawal of the United Kingdom from the European Union - Applications for the adoption of a decision maintaining the European citizenship of certain UK nationals and of a decision on various measures relating to the rights of UK nationals - Adoption of a position by the Commission - No invitation to act - Refusal to adopt a decision maintaining the European citizenship of certain UK nationals - No interest in bringing proceedings - Action manifestly inadmissible)

(2020/C 348/22)

Language of the case: French

Parties

Applicants: Harry Shindler (Porto d’Ascoli, Italy) and the other applicants whose names are listed in the annex (represented by: J. Fouchet, lawyer)

Defendant: European Commission (represented by: F. Erlbacher, C. Giolito and E. Montaguti, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application (i) under Article 265 TFEU seeking a declaration that the Commission unlawfully refrained from adopting, on the one hand, a decision maintaining, as from the withdrawal of the United Kingdom from the European Union, the European citizenship of certain UK nationals who did not, at that time, have the nationality of an EU Member State, irrespective of whether or not an agreement setting out the arrangements of that withdrawal was concluded, and, on the other hand, a decision on various measures relating to the rights of those nationals, should such withdrawal take place without such an agreement having been concluded and (ii) seeking annulment, pursuant to Article 263 TFEU, of the letter of the Commission of 11 September 2019 refusing to adopt a decision maintaining the European citizenship of those nationals.

Operative part of the order

1.	The action is dismissed.

2.	Mr Harry Shindler and the other applicants whose names are listed in the annex shall pay the costs, including those relating to the interlocutory proceedings.

3.	The Council of the European Union shall bear its own costs.

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(1)  OJ C 383, 11.11.2019.