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Document 12016E265

Consolidated version of the Treaty on the Functioning of the European Union
PART SIX - INSTITUTIONAL AND FINANCIAL PROVISIONS
TITLE I - INSTITUTIONAL PROVISIONS
CHAPTER 1 - THE INSTITUTIONS
SECTION 5 - THE COURT OF JUSTICE OF THE EUROPEAN UNION
Article 265 (ex Article 232 TEC)

OJ C 202, 7.6.2016, p. 163–163 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/treaty/tfeu_2016/art_265/oj

Date of document:
07/06/2016; Date of publication
Date of effect:
01/01/1958
Date of signature:
25/03/1957; Rome
Date of end of validity:
No end date
Form:
Treaty
Authentic language:
Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Irish, Croatian, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish, Swedish
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Affected by case:
  • establishment of failure to fulfil an obligation requested by 62016TN0203
  • paragraph 3 establishment of failure to fulfil an obligation requested by 62017TN0596
  • establishment of failure to fulfil an obligation requested by 62021TN0282
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7.6.2016   

EN

Official Journal of the European Union

C 202/163

Article 265

(ex Article 232 TEC)

Should the European Parliament, the European Council, the Council, the Commission or the European Central Bank, in infringement of the Treaties, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice of the European Union to have the infringement established. This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act.

The action shall be admissible only if the institution, body, office or agency concerned has first been called upon to act. If, within two months of being so called upon, the institution, body, office or agency concerned has not defined its position, the action may be brought within a further period of two months.

Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court that an institution, body, office or agency of the Union has failed to address to that person any act other than a recommendation or an opinion.

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