Keywords
Summary

Keywords

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Action for failure to act - Natural or legal persons - Actionable failures to act - Failure to bring an action to establish an infringement of the Treaty - Inadmissibility

( EEC Treaty, Arts 169 and 175, third paragraph )

Summary

An action for failure to act is inadmissible where it is brought by a natural or legal person and seeks a declaration that, by failing to bring an action against a Member State to establish an infringement of the Treaty, the Commission has failed to act, thereby infringing the Treaty .

The right of natural or legal persons to bring an action before the Court, pursuant to the third paragraph of Article 175 of the Treaty, is limited to applications seeking to establish a failure to adopt, contrary to the Treaty, acts which are potentially addressed to them . Within the context of the infringement procedure laid down by Article 169, the only measures which the Commission may be induced to take are addressed to the Member States .