Order — ECLI:EU:T:2017:269
Date: 2017-04-06
Language of the case: German
Court formation: Second Chamber
Subject matter: State aids;Competition
Procedure: Action for failure to act - inadmissible
Origin: Germany

Order of the General Court (Second Chamber) of 6 April 2017 — Klausner Holz Niedersachsen v Commission (Case T‑101/16) (Action for failure to act — State aid — Supply of timber — Preliminary examination of an alleged State aid granted by the German authorities in the form of contracts for the supply of timber — Commission’s failure to adopt a position within a reasonable period of time — Manifest inadmissibility) Actions for failure to act — Position taken within the meaning of Article 265, second para., TFEU before the action brought — Concept — Refusal to act in accordance with the invitation to act — Included (Art. 265, second para., TFEU) (see paras 21, 22, 24) Re: APPLICATION based on Article 265 TFEU seeking a declaration that the Commission unlawfully failed to take a decision, within a reasonable period of time, in the context of the preliminary examination of an alleged State aid granted to the applicant by the German authorities in the form of contracts for the supply of timber. Operative part 1. The action is dismissed as manifestly inadmissible. 2. Klausner Holz Niedersachsen GmbH is ordered to pay the costs.