Reports of Cases before the Court of Justice and the Court of First Instance V. 2023-03

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2023-03 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2023)

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Reports of Cases

OPINION OF ADVOCATE GENERAL
RICHARD DE LA TOUR
delivered on 15 December 20221

Case C-137/21

European Parliament
v

European Commission

(Action for failure to act - Regulation (EU) 2018/1806 - List of third countries whose nationals
must be in possession of visas when crossing the external borders of the Member States - List of
third countries whose nationals are exempt from that requirement - Principle of reciprocity -
Obligation to adopt a delegated act temporarily suspending the visa exemption for a 12-month
period for nationals of the United States of America)

I. Introduction

1. By this action for failure to act, the European Parliament asks the Court to find that, by not
adopting a delegated act, as provided for in point (f) of the first paragraph of Article 7 of
Regulation (EU) 2018/1806,2 the European Commission has failed to fulfil its obligations under
the TFEU.

2. After establishing that the Commission enjoys some discretion in adopting, or not adopting,
the act sought by the Parliament, I will show that that the latter's action for failure to act was
initiated within a reasonable time, but that the Commission defined its position within the
meaning of Article 265 TFEU, rendering that action inadmissible. In the alternative, I will
examine the substance of the question of the Commission's failure to act.

1 Original language: French.
2 Regulation of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in
possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ 2018 L 303,
p. 39).

ECLI:EU:C:2022:9891

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