XG v Commission (Provisions governing the institutions - Judgment) French Text [2019] EUECJ T-504/18 (19 December 2019)

XG v Commission (Provisions governing the institutions - Judgment) French Text [2019] EUECJ T-504/18 (19 December 2019)

The decision refusing access was annulled because it was signed by a person lacking the required nominative mandate under Decision 2015/443, rendering the act ultra vires. This defect is of public order and required annulment regardless of any alleged harm to the applicant's procedural guarantees.

Source-derived case information.

Citation
[2019] EUECJ T-504/18
Parties
Applicant: XG; Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
19 December 2019
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
application granted
Legal Topics
Institutional Powers, Access to Premises, Security Clearance, Delegation of Authority, Procedural Rights
European Union Law Administrative Law Institutional Powers Access to Premises Security Clearance Delegation of Authority Procedural Rights

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Parties

XG

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

Legal Issues

  1. 1 Whether the Commission's decision refusing access to its premises was lawful
  2. 2 Whether the signatory of the contested decision was competent under Decision 2015/443
  3. 3 Whether the decision was based on a valid legal basis

Ratio Decidendi

The decision refusing access was annulled because it was signed by a person lacking the required nominative mandate under Decision 2015/443, rendering the act ultra vires. This defect is of public order and required annulment regardless of any alleged harm to the applicant's procedural guarantees.

Court Disposition

application granted

Orders

  • The Commission's decision of 3 July 2018 refusing XG access to its premises is annulled.
  • The Commission is ordered to pay the applicant's costs.