Order — ECLI:EU:C:2007:295
Date: 2007-05-23
Language of the case: French
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Foodstuffs;Free movement of goods;Measures having equivalent effect;Approximation of laws;Quantitative restrictions
Concepts: Appeals
Procedure: Appeal - inadmissible;Action for failure to act;Application for interim measures
Origin: France

Order of the Court (Sixth Chamber) of 23 May 2007 – Smanor and Others v Commission (Case C‑99/07 P) Appeals – Order of the Court of First Instance – Actions for failure to act – Complaints of alleged failure to act by a Member State – Commission not taking a position – Appeal manifestly inadmissible Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, para. 1; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 15-17) Re: Appeal against the order of the Court of First Instance (Fourth Chamber) of 14 December 2006 in Case T-150/06 Smanor and Others v Commission whereby the Court of First Instance dismissed as inadmissible the action by the applicants for: (1) a declaration that the Commission unlawfully failed to act by not taking a position on the complaints which they had lodged in 1986 against the French Republic; and (2) an order for suspension of operation of a judgment and of a decision taken by the national authorities. Operative part: 1. The appeal is dismissed. 2. Smanor SA and Mr & Mrs Ségaud are ordered to bear their own costs.