Keywords
Summary

Keywords

1. Actions for annulment - Actionable measures - Measures intended to have binding legal effects - Letter from the Commission merely informing an operator of the state of the file concerning his application for the inclusion of a given substance in one of the annexes to Regulation No 2377/90 - Excluded

(Art. 230 EC; Council Regulation No 2377/90)

2. Actions for failure to act - Institution called upon to act - Definition of a position under the second paragraph of Article 175 of the Treaty (now the second paragraph of Article 232 EC) - Meaning - Definition of position supervening after the bringing of an action - Removal of subject-matter of the action - No need to adjudicate

(Art. 232, second para., EC)

Summary

1. Any measure which produces binding legal effects such as to affect the interests of an applicant by bringing about a distinct change in his legal position constitutes an act or decision which may be the subject of an action for annulment for the purposes of Article 230 EC. A letter from the Commission which merely explains the reasons for delays in the classification of a substance in one of the annexes to Regulation No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, and which states that the Commission will complete the formalities prescribed by that regulation once a new opinion from the Committee for Veterinary Medicinal Products becomes known, does not constitute a decision which may be the subject of an action for annulment. Such a letter, which merely informs the operator concerned of the state of the file, does not alter his legal position.

( see paras 43-45 )

2. A letter emanating from an institution, stating that examination of the questions raised by a formal notice is in progress, does not constitute a definition of position which brings to an end a failure to act for the purposes of the second paragraph of Article 232 EC. However, where such a definition of position occurs after an action for failure to act is brought, it terminates the institution's failure to act and removes the subject-matter of the action, so that there is no longer any need to adjudicate.

( see paras 61, 67-68 )