Дело C-12/23: Autoramiksas/Комисия, Определение от 19 юни 2023 г.

Текст

... ate proceedings for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded)

In Case C‑12/23 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 13 January 2023,

Autoramiksas UAB, established in Kaunas (Lithuania), represented by G. Valantiejus, advokatas,

appellant,

the other party to the proceedings being:

European Commission,

defendant at first instance,

THE COURT (Eighth Chamber),

composed of M. Safjan (Rapporteur), President of the Chamber, N. Piçarra and N. Jääskinen, Judges,

Advocate General: P. Pikamäe,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to rule by reasoned order, in accordance with Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, Autoramiksas UAB seeks to have set aside the order of the General Court of the European Union of 10 November 2022, Autoramiksas v Commission (T‑374/22, ‘the order under appeal’, EU:T:2022:718), by which the General Court dismissed as manifestly inadmissible its action seeking, first, annulment of Decision Ares (2022) 2097221 of the European Commission of 22 March 2022 to close procedure CHAP (2021) 03788 relating to a complaint which it had submitted to the Commission concerning an alleged failure by the Republic of Lithuania to fulfil its obligations under EU customs law (‘the contested decision’), and, second, a declaration that the Commission failed to act in that it did not initiate proceedings for failure to fulfil obligations against the Republic of Lithuania.

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