1. Action for failure to act 265 TFEU
Chiara Favilli
Rome, April 1

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» 2

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 3

4. Legal standing Member States Other institutions ECB
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 4

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 TFEU
Telecinco, TFI
Directly: somme erogate alle tv pubbliche spagnole
Individually: yes because the applicant is competing undertaking 5

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 6

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 7

8. Judgment’s effects 266 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 8