Order — ECLI:EU:T:2005:2
Date: 2005-01-10
Language of the case: Spanish
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Fisheries policy
Concepts: Institution called upon to act
Procedure: Action for failure to act - decision unnecessary;Action for failure to act - unfounded
Origin: Spain

Summary of the Order Actions for failure to act – Notice given to the institution – Subsequent submission of new material liable to influence the assessment of the institution concerned – Removal of the obligation to act (Art. 232 EC) The submission by the applicant, after the request to act, of new material that was liable to influence the defendant’s assessment removed the obligation to act, since the institution was not reasonably in a position to take a decision on the requests for exemption submitted to it owing to the submission of that new material. (see para. 43)