Judgment
Full text
38 By the second ground of appeal, the appellant claims, in essence, that, even if it may be considered that the Court of Justice of the European Union defined its position, within the meaning of the second paragraph of Article 265 TFEU, in the email of 11 January 2019, the General Court should in any event be required to adjudicate on the action before it in order to address an infringement, by the EU institution concerned, of the right to sound administration, enshrined in Article 41(1) of the Charter, in conjunction with Article 47 thereof. 39 According to the appellant, the Court of Justice of the European Union infringed that right in its handling of his request of 6 September 2018, as a result of its failure to comply with the European Code of Good Administrative Behaviour, in particular Article 17 of that code, headed ‘Reasonable time limit for taking decisions’, and Article 19 of that code, headed ‘Indication of appeal possibilities’, as well as the principle of equal treatment, which requires an EU institution against which an action is brought to assert its arguments in the procedure regarding the examination of that action and not outside of it.