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Document 11957A148

    TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE THREE - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER I: THE INSTITUTIONS OF THE COMMUNITY, SECTION IV: THE COURT OF JUSTICE, ARTICLE 148

    Legal status of the document No longer in force, Date of end of validity: 30/11/2009; Repealed by 12007L/PRO/B/02

    ELI: http://data.europa.eu/eli/treaty/euratom/art_148/sign

    11957A148

    TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE THREE - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER I: THE INSTITUTIONS OF THE COMMUNITY, SECTION IV: THE COURT OF JUSTICE, ARTICLE 148


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    ARTICLE 148

    SHOULD THE COUNCIL OR THE COMMISSION , IN INFRINGEMENT OF THIS TREATY , FAIL TO ACT , THE MEMBER STATES AND THE OTHER INSTITUTIONS OF THE COMMUNITY MAY BRING AN ACTION BEFORE THE COURT OF JUSTICE TO HAVE THE INFRINGEMENT ESTABLISHED .

    THE ACTION SHALL BE ADMISSIBLE ONLY IF THE INSTITUTION CONCERNED HAS FIRST BEEN CALLED UPON TO ACT . IF , WITHIN TWO MONTHS OF BEING SO CALLED UPON , THE INSTITUTION 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 OF JUSTICE THAT AN INSTITUTION OF THE COMMUNITY HAS FAILED TO ADDRESS TO THAT PERSON ANY ACT OTHER THAN A RECOMMENDATION OR AN OPINION .

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