1 Actions for annulment of measures - Measures against which actions may be brought - Refusal by the Commission to initiate proceedings against a Member State for failure to fulfil obligations - Excluded
(EC Treaty, Arts 169 and 173, fourth para.)
2 Actions for annulment of measures - Refusal by the Commission to address to a Member State a directive or a decision concerning observance of the rules on competition by public undertakings - Excluded
(EC Treaty, Arts 90(1) and (3) and 173, fourth para.)
3 It is not open to individuals to bring an action against a refusal by the Commission to initiate proceedings under Article 169 against a Member State.
4 Individuals may, in some circumstances, be entitled to bring an action for annulment, under the fourth paragraph of Article 173 of the Treaty, against a decision of the Commission taken on the basis of Article 90(3) of the Treaty. Moreover, the possibility cannot be ruled out that exceptional situations might exist where an individual or, possibly, an association constituted for the defence of the collective interests of a class of individuals has standing to bring proceedings against a refusal by the Commission to adopt a decision pursuant to its supervisory functions under Article 90(1) and (3). However, taking into account the fact that, in the field covered by those provisions, the Commission enjoys a wide discretion both in relation to the action which it considers necessary and in relation to the means appropriate for that purpose, it is not open to an individual to seek the annulment of the Commission's refusal to address to a Member State a decision declaring that a piece of general legislation adopted by it is contrary to the Treaty and indicating the measures to be adopted in order to comply with its obligations under Community law. Such inadmissibility also follows from the fact that an individual cannot be allowed to compel a Member State indirectly, by way of such an action, to adopt legislation of general application.