Order — ECLI:EU:C:2005:355
Date: 2005-06-03
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties;Free movement of workers
Concepts: Appeals;Right to a judicial remedy;Institution called upon to act
Procedure: Action for annulment;Appeal - unfounded;Action for damages;Action for failure to act
Origin: Germany

Summary of the Order 1. Appeals — Pleas in law — Grounds of a judgment vitiated by an infringement of Community law — Operative part well founded on other grounds — Dismissed 2. Actions for failure to act — Institution must be called upon to act — Invitation to act — Constitution by the action itself — Excluded (Art. 232, second para., EC) 3. Community law — Principles — Right to an effective remedy — Infringement of Community law by the national authorities of a Member State — Bringing of proceedings before the Community Courts by the Commission or by another Member State and bringing of proceedings before the competent national courts by any natural or legal person — Effectiveness of judicial protection not undermined 1. An infringement of Community law by the Court of First Instance does not trigger the annulment of the contested order where its operative part appears well founded on other legal grounds. (see para. 12) 2. The second paragraph of Article 232 EC makes the admissibility of an action for failure to act subject to the condition that the defendant institution concerned should first have been called upon to act. As regards a condition of the admissibility of the action, it cannot be considered that the application brought before the Court of First Instance may be described as an invitation for the purposes of the second paragraph of Article 232 EC. (see para. 16) 3. In the system of legal remedies provided for by the Treaty, an infringement of Community law by the national authorities, including an infringement of the third paragraph of Article 234 EC, may be brought before the Community Courts by the Commission or by another Member State, or may be brought before the competent national courts by any natural or legal person. In the latter case, it is for the national courts to ensure that rules of Community law are protected and thus that the effectiveness of judicial protection is not undermined in any way. (see para. 28)