Keywords
Summary

Keywords

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Action for failure to act - Natural or legal persons - Failures to act against which an action lies - Failure to commence proceedings for a breach of Treaty obligations - Inadmissibility

( EEC Treaty, Art . 169, second paragraph, and Art . 175, third paragraph )

Summary

An action for failure to act brought by a natural or legal person for a declaration that in not commencing against a Member State proceedings to establish its breach of obligations the Commission has, in breach of the Treaty, failed to take a decision .

First, it is clear from the scheme of Article 169 of the Treaty that the Commission is not obliged to commence proceedings under that provision but has a discretionary power in this regard which excludes the right of private individuals to require that institution to adopt a specific position .

Secondly, a natural or legal person who asks the Commission to commence proceedings pursuant to Article 169 is in fact seeking the adoption of acts which are not of direct and individual concern to him within the meaning of the second paragraph of Article 173 and which it could not therefore challenge by means of an action for annulment in any event .