Moerenhout and Others v Commission (Judgment) French Text [2021] EUECJ T-789/19 (12 May 2021)

Moerenhout and Others v Commission (Judgment) French Text [2021] EUECJ T-789/19 (12 May 2021)

The Commission's refusal to register the ECI was insufficiently reasoned because it did not explain why only Article 215 TFEU was considered the sole legal basis, nor why Article 207 TFEU (common commercial policy) was excluded, despite explicit references in the ECI proposal. This lack of reasoning prevented...

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Citation
[2021] EUECJ T-789/19
Parties
Applicant: Tom Moerenhout and others; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Final Judgment
Outcome
application granted
Legal Topics
European Citizens' Initiative, Commission Powers, Obligation to State Reasons, Policy Areas (trade, Foreign Policy)
EU Law Administrative Law European Citizens' Initiative Commission Powers Obligation to State Reasons Policy Areas (trade, Foreign Policy)

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Parties

Tom Moerenhout and others

Applicant

Commission européenne

Respondent

Procedural Posture

Action for Annulment / Final Judgment

  1. 1 Whether the Commission's refusal to register a European Citizens' Initiative (ECI) was sufficiently reasoned under Article 296 TFEU and Article 4(3) of Regulation No 211/2011
  2. 2 Whether the Commission correctly assessed its competence under Article 4(2)(b) of Regulation No 211/2011

Ratio Decidendi

The Commission's refusal to register the ECI was insufficiently reasoned because it did not explain why only Article 215 TFEU was considered the sole legal basis, nor why Article 207 TFEU (common commercial policy) was excluded, despite explicit references in the ECI proposal. This lack of reasoning prevented applicants from understanding the refusal and hindered judicial review, violating the obligation to state reasons under Article 296 TFEU and Article 4(3) of Regulation No 211/2011.

Court Disposition

application granted

Orders

  • The Commission's decision (EU) 2019/1567 of 4 September 2019 is annulled.
  • The Commission is ordered to pay the applicants' costs.