Keywords
Summary

Keywords

ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - NOTICE TO THE INSTITUTION TO ACT - REQUEST FOR ADOPTION OF A MEASURE - CONCEPTS - REQUEST FOR A FINDING THAT AID GRANTED BY A STATE IS NOT COMPATIBLE WITH THE COMMON MARKET - BAR - INADMISSIBILITY

( EEC TREATY , SECOND AND THIRD PARAGRAPHS OF ART . 175 )

Summary

A PERSON OTHER THAN A MEMBER STATE WHO HAS BEEN GIVEN NOTICE BY THE COMMISSION , AS PROVIDED FOR IN THE FIRST SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE EEC TREATY , TO SUBMIT HIS COMMENTS ON AID CONTEMPLATED BY A MEMBER STATE AND WHO HAS AVAILED HIMSELF OF THIS OPPORTUNITY TO REQUEST THE COMMISSION TO FIND THAT THE AID IS NOT COMPATIBLE WITH THE COMMON MARKET , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 93 ( 3 ), IS NOT ENTITLED TO BRING AN ACTION FOR FAILURE TO ACT IF THE COMMISSION FAILS TO COMPLY WITH THAT REQUEST WITHIN A PERIOD OF TWO MONTHS .

IN FACT SUCH A REQUEST ON THE ONE HAND DOES NOT CONSTITUTE AN ' ' INVITATION ' ' WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 175 OF THE TREATY SINCE THE COMMISSION HAS A REASONABLE PERIOD WITHIN WHICH TO COMPLETE THE PROCEDURE INITIATED PURSUANT TO ARTICLE 93 AND , ON THE OTHER HAND , DOES NOT SATISFY THE REQUIREMENTS OF THE THIRD PARAGRAPH OF ARTICLE 175 , SINCE IT IS NOT INTENDED TO REQUIRE THE COMMISSION TO ADDRESS AN ACT TO THE APPLICANT .