Keywords
Summary

Keywords

1 Actions for failure to act - Natural or legal persons - Actionable omissions - Failure of the Commission to adopt a position on a complaint of breach of the competition rules and failure at least to address to the complainant a provisional notification under Article 6 of Regulation No 99/63

(EC Treaty, Art. 175; Commission Regulation No 99/63, Art. 6)

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 - Meaning - Letter addressed pursuant to Article 6 of Regulation No 99/63 to the author of a complaint of breach of the competition rules - Sent while proceedings in progress - Removal of subject-matter of the action - No need to adjudicate

(EC Treaty, Art. 175, second para.; Commission Regulation No 99/63, Art. 6)

3 Procedure - Application originating proceedings - Formal requirements - Identification of subject-matter of the proceedings - Summary of the pleas relied on - Application seeking compensation for damage caused by a Community institution

(EC Statute of the Court of Justice, Art. 19; Rules of Procedure of the Court of First Instance, Art. 44(1)(c))

Summary

4 The author of a complaint under Article 3 of Regulation No 17 that there has been a breach of the competition rules is entitled, after a reasonable time has elapsed since the complaint was lodged, to obtain a definition of the Commission's position and, at least, a provisional notification under Article 6 of Regulation No 99/63, so that if despite having been called upon to act the Commission has failed to issue such a notification, the complainant's action for failure to act is admissible.

5 A letter from the Commission addressed to the author of a complaint of breach of the competition rules, if it complies with Article 6 of Regulation No 99/63, constitutes a definition of a position under the second paragraph of Article 175 of the Treaty. Such a letter, even if it is sent while the proceedings are in progress, terminates the Commission's failure to act and deprives the action for failure to act of its subject-matter.

6 Under Article 19 of the Statute of the Court of Justice and Article 44(1)(c) of the Rules of Procedure of the Court of First Instance all applications must indicate the subject-matter of the proceedings and include a brief statement of the grounds relied on. The information given must be sufficiently clear and precise to enable the defendant to prepare his defence and the Court of First Instance to decide the case, if appropriate without other information. In order to ensure legal certainty and the sound administration of justice, for an action to be admissible the essential facts and law on which it is based must be apparent from the text of the application itself, even if only stated briefly, provided the statement is coherent and comprehensible.

In order to satisfy those requirements, an application seeking compensation for damage caused by a Community institution must state the evidence on which the alleged conduct of the institution can be identified, the reasons for which the applicant considers that there is a causal link between the conduct and the damage it claims to have suffered, and the nature and extent of that damage.