Judgment of the Court of First Instance (Fourth Chamber) of 25 January 2006 − Le Canne v Commission

(Case T-276/03)

Judgment annulling a Commission decision reducing the amount of Community financial assistance – Procedures for compliance – Action for failure to act – No need to adjudicate – Action for damages

1.                     Actions for failure to act – Failure remedied after commencement of proceedings – Subject-matter of the action ceasing to exist – No need to adjudicate (Arts 232 EC and 233 EC) (see paras 34-39)

2.                     Actions for damages – Subject-matter – Application for damages suffered by reason of a failure to act on the part of a Community institution (Art. 235 EC) (see paras 45-48)

Re:

APPLICATION for, first, a declaration that the Commission unlawfully failed to adopt the measures necessary to comply with the judgment of the Court of First Instance of 5 March 2002 in Case T-241/00

Le Canne

v

Commission

[2002] ECR II-1251 and, secondly, damages for the loss alleged to have resulted from that failure

Operative part

The Court:

1.

Declares that there is no need to adjudicate on the claim alleging failure to act;

2.

Dismisses the claim for compensation;

3.

Orders the parties to bear their own costs.