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

handle is hein.intyb/rcbjcofi0431 and id is 1 raw text is: cvRIA 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 1

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