Judgment — ECLI:EU:T:2002:63
Date: 2002-03-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: General;Definition of the institution's position
Procedure: Action for annulment - inadmissible;Action for failure to act - decision unnecessary
Origin: Netherlands

Summary of the Judgment 
1. Actions for annulment — Actionable measures — Measures intended to have binding 
legal effects — Letter from the Commission merely informing an operator of the state 
of the file concerning his application for the inclusion of a given substance in one of the 
annexes to Regulation No 2377/90 — Excluded 
(Art. 230 EC; Council Regulation No 2377/90) 
II - 1445 
SUMMARY — CASE T-212/99 
2. Actions for failure to act — Institution called upon to act — Definition of a position 
under the second paragraph of Article 175 of the Treaty (now the second paragraph of 
Article 232 EC) — Meaning — Definition of position supervening after the bringing 
of an action — Removal of subject-matter of the action — No need to adjudicate 
(Art. 232, second para., EC) 
1. Any measure which produces binding 
legal effects such as to affect the inter­
ests of an applicant by bringing about a 
distinct change in his legal position 
constitutes an act or decision which 
may be the subject of an action for 
annulment for the purposes of 
Article 230 EC. A letter from the 
Commission which merely explains 
the reasons for delays in the classifi­
cation of a substance in one of the 
annexes to Regulation No 2377/90 
laying down a Community procedure 
for the establishment of maximum 
residue limits of veterinary medicinal 
products in foodstuffs of animal origin, 
and which states that the Commission 
will complete the formalities prescribed 
by that regulation once a new opinion 
from the Committee for Veterinary 
Medicinal Products becomes known, 
does not constitute a decision which 
may be the subject of an action for 
annulment. Such a letter, which merely 
informs the operator concerned of the 
state of the file, does not alter his legal 
position. 
(see paras 43-45) 
2. A letter emanating from an institution, 
stating that examination of the ques­
tions raised by a formal notice is in 
progress, does not constitute a defini­
tion of position which brings to an end 
a failure to act for the purposes of the 
second paragraph of Article 232 EC. 
However, where such a definition of 
position occurs after an action for 
failure to act is brought, it terminates 
the institution's failure to act and 
removes the subject-matter of the 
action, so that there is no longer any 
need to adjudicate. 
(see paras 61, 67-68) 
II - 1446