Keywords
Summary

Keywords

1. Actions for failure to act - Omission repaired after commencement of proceedings - Purpose ceases to exist - Case not proceeding to judgment

(EC Treaty, Art. 175 (now Art. 232 EC))

2. Actions for failure to act - Community institution - European Ombudsman - Not an institution - Action claiming that the Ombudsman failed to act - Inadmissibility

(EC Treaty, Art. 4, 4a, 4b, and 175, third para. (now Arts 7 EC, 8 EC, 9 EC and 232, third para., EC); Decision of the European Parliament 94/262, Art. 11(4))

3. Actions for failure to act - Natural and legal persons - Actionable omissions - Failure by the European Ombudsman to submit to the Parliament a report finding a case of maladministration in the activities of the Commission - Inadmissibility

(EC Treaty, Art 138e and 175 (now Arts 195 EC and 232 EC))

Summary

1. When, in the context of an action for failure to act, the act whose omission is the subject-matter of the dispute has been adopted after the lodging of the application but before the delivery of a judgment, the application is deprived of its purpose with the result that there is no longer any need to adjudicate.

( see para. 41 )

2. It follows from both Articles 4, 4a and 4b of the Treaty (now Articles 7 EC, 8 EC, and 9 EC) and from Article 11(4) of Decision 94/262 on the regulations and general conditions governing the performance of the Ombudsman's duties, which, in matters concerning his staff, gives the Ombudsman the same status as the institutions within the meaning of Article 1 of the Staff Regulations of Officials, that the European Ombudsman is not a Community institution within the meaning of Article 175 of the Treaty (now Article 232 EC), so that an action for failure to act, to the extent that it refers to a failure to act on the Ombudsman's part, must be declared inadmissible.

( see paras 44-46 )

3. An action brought under Article 175 of the Treaty (now Article 232 EC) by a natural or legal person must be dismissed as inadmissible where the only measure by which the applicant could have gained satisfaction would have been, under Article 138e of the Treaty (now Article 195 EC), the submission by the European Ombudsman to the Parliament of a report finding a case of maladministration in the activities of the Commission, such a report not being capable of being classified, by reason of its form or its nature, as a measure capable of being challenged in annulment proceedings.

( see para. 51 )