Judgment — ECLI:EU:T:2006:23
Date: 2006-01-25
Language of the case: Italian
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Concepts: General
Procedure: Action for damages - unfounded;Application for measures of inquiry - unfounded;Action for failure to act - decision unnecessary
Origin: Italy

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.