Corte di giustizia UEsentenza
Corte di giustizia UE/2025
ECLI:EU:T:2025:799
Testo integrale del provvedimento
Anonimizzato ex art. 52 D.Lgs. 196/2003
[OSCURATO:PERSONA] [OSCURATO:PERSONA]
21 August 2025 (
*
)
( Interim relief — Dismissal of the main action — No need to adjudicate )
[OSCURATO:PERSONA] T‑421/25 R,
[OSCURATO:PERSONA],
residing in Partille (Sweden), represented by himself,
applicant,
v
[OSCURATO:PERSONA],
defendant,
[OSCURATO:PERSONA]
makes the following
[OSCURATO:PERSONA]
1
By his application based on Articles 278 and 279 TFEU, the applicant, [OSCURATO:PERSONA], requests that the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] order the [OSCURATO:PERSONA] to adopt provisional steps toward initiating infringement proceedings against the Kingdom of Sweden or, in the alternative, formally to reconsider his complaint under Article 258 TFEU within a set time limit.
2
By application lodged at the [OSCURATO:PERSONA] of the [OSCURATO:PERSONA] on 2 July 2025, the applicant brought an action based, in essence, on Article 268 and the second paragraph of Article 340 TFEU, seeking compensation for the damage allegedly caused to him by the [OSCURATO:PERSONA] failure to initiate infringement proceedings against the Kingdom of Sweden.
3
By separate document lodged at the [OSCURATO:PERSONA] on 29 July 2025, the applicant submitted the present application for interim relief.
4
By order of today’s date,
[OSCURATO:PERSONA]
v
[OSCURATO:PERSONA]
(T‑421/25, not published), the [OSCURATO:PERSONA] dismissed the action in the main case, on the basis of Article 126 of the Rules of Procedure of the [OSCURATO:PERSONA], as manifestly inadmissible.
5
Consequently, in view of the ancillary nature of the proceedings for interim relief in relation to the proceedings in the main case, there is no longer any need to adjudicate on the present application for interim relief.
6
In accordance with Article 133 of the Rules of Procedure, a decision as to costs is to be given in the judgment or order which closes the proceedings. Given that, in the order dismissing the action in the main case as manifestly inadmissible, a ruling was given only on the costs relating to the proceedings in the main case, it is for the judge hearing the application for interim relief to rule on the costs relating to the present application for interim relief.
7
As set out in Article 137 of the Rules of Procedure, where a case does not proceed to judgment, the costs are to be in the discretion of the [OSCURATO:PERSONA].
8
Since the present order has been adopted before the application for interim relief has been served on the [OSCURATO:PERSONA] and before the latter could have incurred costs, it must be ordered that the applicant bear his own costs.
On those grounds,
[OSCURATO:PERSONA]
hereby orders:
1.
There is no longer any need to rule on the application for interim relief.
2.
[OSCURATO:PERSONA] shall bear his own costs.
Luxembourg, 21 August 2025.
V. [OSCURATO:PERSONA]
M. van der [OSCURATO:PERSONA]
*
Language of the case: English.