CELEX: 62003TJ0276
Language: en
Date: 2006-01-25 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 25 January 2006. # Azienda agricola "Le Canne" Srl v Commission of the European Communities. # 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. # Case T-276/03.

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.