Keywords
Summary

Keywords

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1. EAEC ° Actions against Community institutions for failure to act ° Natural or legal persons ° Actionable omissions ° Commission not adopting a decision in respect of a decision by the Euratom Supply Agency referred to it ° Admissibility ° Conditions

(EAEC Treaty, Art. 53, second para., and Art. 148)

2. EAEC ° Supply ° Act of the Euratom Supply Agency referred to the Commission ° Commission' s inaction ° Unlawful

(EAEC Treaty, Art. 53, second para.)

Summary

1. Under the second paragraph of Article 53 of the EAEC Treaty, any implied or express act adopted by the Supply Agency established by that Treaty, in the exercise of its right of option or its exclusive right to conclude contracts for the supply of ores and nuclear fuels, may be referred by any concerned party to the Commission, which must take a decision within a period of one month.

Even though addressed to the Agency, such a decision is of direct and individual concern, within the meaning of the second paragraph of Article 146 of the Treaty, to the person who has referred it to the Commission, with the result that if the Commission fails to take a decision, the person concerned must be given judicial protection for the right he has, under the second paragraph of Article 53, to bring the matter before the Court by way of an action under Article 148 of the Treaty for failure to act.

The request for action which that provision requires may be addressed to the Commission at the same time as the decision of the Agency is referred to it under the second paragraph of Article 53.

2. Where a uranium-producing undertaking which has problems in disposing of its production has requested the Supply Agency established by the EAEC Treaty to exercise its right of option under Article 57 of the Treaty and has received no reply other than an assurance that efforts will be made to find a solution to its problem, this must be treated as an implied refusal on the part of the Agency. Once that refusal had been referred to it under the second paragraph of Article 53 of the Treaty, the Commission was under an obligation to take a decision within a period of one month. Having failed to do so, it was in breach of that provision.