Deutsche Bahn AG and Others v European Commission (T-289/11, T-290/11, T-521/11)

Judgment of 6 Sept 2013

law://eu/cjeu/2011/t-289-11/para_227@2026-11-13

227In respect of the fourth head of claim, it should be observed, as the Commission contends, that by asking the Court to rule on the consequences of annulling the inspection decisions, the applicants are seeking to secure a declaration on the effects of a possible judgment ordering annulment, which would also constitute a direction to the Commission as regards how that judgment is to be complied with. However, since the Court has no jurisdiction, in the context of a review of legality on the basis of Article 263 TFEU, to issue declaratory judgments (see, to that effect, the order in Case C-224/03 Italy v Commission [2003] ECR I-14751, paragraphs 20 to 22) or directions, even where they concern the manner in which its judgments are to be complied with (order in Joined Cases C-199/94 P and C-200/94 P Pevasa and Inpesca v Commission [1995] ECR I-3709, paragraph 24), the applicants’ fourth head of claim must be declared inadmissible (Case T-145/06 Omya v Commission [2009] ECR II-145, paragraph 23).

Deutsche Bahn AG and Others v European Commission (T-289/11, T-290/11, T-521/11)

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