Action for damages No need to adjudicate Action for failure to act Judgment annulling a Commission decision reducing the amount of Community financial assistance Procedures for compliance
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 25 January 2006.
Azienda agricola "Le Canne" Srl v Commission of the European Communities.
Judgment annulling a Commission decision reducing the amount of Community financial assistance - Procedures for compliance - Action for failure to act - No need to adjudicate - Action for damages.
Case T-276/03.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 25 January 2006 − Le Canne v Commission
(Case T-276/03)
Judgment annulling a Commission decision reducing the amount of Community financial assistance – Procedures for compliance – Action for failure to act – No need to adjudicate – Action for damages
1. Actions for failure to act – Failure remedied after commencement of proceedings – Subject-matter of the action ceasing to exist – No need to adjudicate (Arts 232 EC and 233 EC) (see paras 34-39)
2. Actions for damages – Subject-matter – Application for damages suffered by reason of a failure to act on the part of a Community institution (Art. 235 EC) (see paras 45-48)
Re:
| APPLICATION for, first, a declaration that the Commission unlawfully failed to adopt the measures necessary to comply with the judgment of the Court of First Instance of 5 March 2002 in Case T-241/00 | Le Canne | v | Commission | [2002] ECR II-1251 and, secondly, damages for the loss alleged to have resulted from that failure |
Operative part
The Court:
|
1. |
Declares that there is no need to adjudicate on the claim alleging failure to act; |
|
2. |
Dismisses the claim for compensation; |
|
3. |
Orders the parties to bear their own costs. |