Keywords
Summary

Keywords

1 Actions for failure to act - Commission under an obligation to act - Must adopt a decision as to how to respond to a complaint alleging infringement of the competition rules - Action to be taken within a reasonable time

(EC Treaty, Art. 175 (now Art. 232 EC))

2 Actions for failure to act - Jurisdiction of the Community judicature - Whether a direction may be issued to one of the institutions - Not permissible

(EC Treaty, Arts 175, second para., and 176 (now Arts 232, second para., EC and 233 EC)

Summary

1 In the context of an action for failure to act, it is necessary to verify whether, when the Commission was served with a formal request under Article 175 of the Treaty (now Article 232 EC), it was under an obligation to act.

When the procedure in respect of an alleged infringement of the competition rules has entered its third stage, that is to say, when the complainant has submitted his observations on the notification pursuant to Article 6 of Regulation No 99/63, the Commission is required, within a reasonable time, either to initiate a procedure with respect to the person complained against or to adopt a definitive decision rejecting the complaint.

The question whether the duration of an administrative proceeding is reasonable must be determined in relation to the particular circumstances of each case and, in particular, its context, the various procedural stages to be followed by the Commission, the conduct of the parties in the course of the procedure, the complexity of the case and its importance for the various parties involved. In the particular context of an investigation into a complaint alleging infringement of the competition rules, it is appropriate, where the proceeding has entered its third stage, to take account of the years already spent on the investigation, the present state of the investigation of the case and the attitudes of the parties considered as a whole.

2 The Court of First Instance has no jurisdiction to issue directions to the Community institutions. Consequently, pursuant to Article 175 of the Treaty (now Article 232 EC), the Court may only declare that there has been an unlawful failure to act. It is then incumbent on the institution concerned, pursuant to Article 176 of the Treaty (now Article 233 EC), to take the measures necessary to comply with the judgment of the Court.