Order of the General Court of 10 August 2021 — Jakeliūnas v ESMA

(Case T-760/20) (1)

(Action for annulment and for failure to act - Request to launch an inquiry - Refusal of the President of ESMA - Act not open to challenge - Inadmissibility - Application for an injunction - Lack of jurisdiction)

(2021/C 412/11)

Language of the case: Lithuanian

Parties

Applicant: Stasys Jakeliūnas (Vilnius, Lithuania) (represented by: R. Paukštė, lawyer)

Defendant: European Securities and Markets Authority (represented by: G. Filippa, F. Barzanti and E. Siracusa, acting as Agents)

Re:

In essence, application, first, under Article 265 TFEU seeking a declaration that ESMA unlawfully refrained from launching an inquiry in respect of the infringement of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (OJ 2003 L 96, p. 16) and, second, under Article 263 TFEU seeking annulment of the decision allegedly contained in the letter of the President of ESMA of 20 October 2020 refusing to launch that inquiry.

Operative part of the order

1.	The action is dismissed.

2.	Mr. Stasys Jakeliūnas shall pay the costs.

---

(1)  OJ C 72, 1.3.2021.