CELEX: 62004TO0002
Language: en
Date: 2006-03-30 00:00:00
Title: Order of the Court of First Instance (Fourth Chamber) of 30 March 2006. # Cemender Korkmaz, Corner House Research and The Kurdish Human Rights Project v Commission of the European Communities. # Admissibility - Application for annulment - Act against which proceedings can be brought - Implied Commission decision refusing to make a proposal to the Council - Action for failure to act - Omission against which proceedings can be brought - Failure to address a proposal to the Council - Discretion - Injunction. # Case T-2/04.

Order of the Court of First Instance (Fourth Chamber) of 30 March 2006 − Korkmaz and Others v Commission
      (Case T-2/04)
      Admissibility – Application for annulment – Act against which proceedings can be brought – Implied Commission decision refusing to make a proposal to the Council – Action for failure to act – Omission against which proceedings can be brought – Failure to address a proposal to the Council – Discretion – Injunction
      1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC)
            (see paras 33-45)
      2.                     Actions for failure to act – Natural or legal persons (Art. 232, third para., EC) (see paras 62-65)
      Re:
      
         
               APPLICATION for the annulment of the Commission’s Regular Report of 5 November 2003 concerning Turkey’s progress towards accession,
                  in so far as it contains a Commission decision refusing to make a recommendation to the Council concerning pre-accession aid
                  granted to Turkey and, in the alternative, for a finding of failure to act in that connection and, in any event, for an injunction
                  in that regard.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the action as inadmissible;
               
            
         
                  2.
               
               
                  
               
               
                  Orders Cemender Korkmaz, Corner House Research and the Kurdish Human Rights Project to pay the costs.