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Action for failure to act 265 TFEU

Action for failure to act 265 TFEU. Chiara Favilli Rome, April 7-8 2014. Failing to adopt a legal act. When the act is duty according to the Treaty With action for annullment are expression of the same remedy In this case it is not the illegality of the action but of the «omission».

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Action for failure to act 265 TFEU

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  1. Action for failure to act 265 TFEU Chiara Favilli Rome, April 7-8 2014

  2. Failing to adopt a legal act • When the act is duty according to the Treaty • With action for annullment are expression of the same remedy • In this case it is not the illegality of the action but of the «omission»

  3. Art. 265 • EP • Council • Commission • ECB • Useful also for failure to act not binding acts • «Omission» in connection with a duty provided by the Treaty or an EU legal act • Not possibile to contest failure to commence proceedings (infringment procedure) because it is a right and not a duty of of the European Commission: starfruit 1989

  4. Legal standing • Member States • Other institutions • Ricorso PE c. Consiglio per non adozione di atti in materia di trasporti: ricorso ritenuto fondato dalla CdG • ECB • Legal and natural persons: failure to adopt an act addressed to them that is not recommendation or opinion; competence of the TFI

  5. Legal and natural persons • Binding act • Addressee: • Lord Bethell, 1982 addressee • Affected directly and individually • Port, 1996, CdG: failure to act concurs to the same purpose of the action for annullment, therefore same requiriments provided at art. 263 TFEU • Telecinco, TFI • Directly: somme erogate alle tv pubbliche spagnole • Individually: yes because the applicant is competing undertaking

  6. Procedure • Call upon the body to act • Two months to take a position • Failure or refusal to act • Action may be brought within following two months

  7. Adoption of an act • Even in case tha act does not satisfy the applicant it precludes the action for failure to act • Possible action for annullment • Refusal to act: • Assessment of exact nature: definition of a position or not

  8. Judgment’s effects266 TFEU • Declaration • Does not force the institution to act • The institution shall take the necessary measures to comply with the judgment • Problems in case majorities to enact acts are required

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