Kauk v Germany: ECFI 8 Aug 2011

(Law Governing The Institutions) Under section 111 of the Rules of Procedure, where the Court manifestly lacks jurisdiction to entertain an appeal, he may, without further proceedings, give its decision by reasoned order.
In this case, the Court has sufficient information from the documents of the case and decides, pursuant to this article, to decide without further proceedings.
In this case, by the application, the applicant seeks to have the Tribunal set aside an order of a German court.
The powers of the Tribunal are those listed in Article 256 TFEU, as specified by Article 51 of the Statute of the Court of Justice of the European Union and Article 1 st of Annex I to the Statute. Pursuant to these provisions, the Tribunal has jurisdiction to hear appeals, under section 263 TFEU only against acts of the institutions, bodies or agencies of the Union.
In this case, the author of the contested act is neither an institution nor an organ or agency of the Union.
It follows from the foregoing considerations that should be dismissed this action because of incompetence, without the need to serve the defendant.

Citations:

T-334/11, [2011] EUECJ T-334/11

Links:

Bailii

Jurisdiction:

European

European

Updated: 26 May 2022; Ref: scu.444085