Keywords
Summary

Keywords

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Action for failure to act ° Elimination of failure to act before initiation of proceedings ° Inadmissibility

(EEC Treaty, Art. 175)

Summary

The conditions for the admissibility of an action for failure to act, as laid down by Article 175 of the Treaty, are not met when the defendant has, after being called upon to act, defined its position after the expiry of the period of two months prescribed in the second paragraph of Article 175 of the Treaty, but before the action was brought.

It is irrelevant that the position thus defined by the institution does not satisfy the applicant, since Article 175 relates to a failure to act in the sense of failure to take a decision or to define a position and not to the adoption of a measure different from that desired or considered necessary by the persons concerned.