CELEX: 62005TO0089
Language: en
Date: 2005-10-27 00:00:00
Title: Order of the Court of First Instance (Fourth Chamber) of 27 October 2005. # Groupement agricole d'exploitation en commun reconnu Salat Jean et Michel (GAEC Salat) v Commission of the European Communities. # Action for failure to act - Complaint concerning the protected designation of origin ‘Salers’ - Regulation (EC) No 828/2003 - Definition of position by the Commission - Manifest inadmissibility. # Case T-89/05.

Order of the Court of First Instance (Fourth Chamber) of 27 October 2005 − GAEC Salat v Commission
      (Case T-89/05)
      Action for failure to act – Complaint concerning the protected designation of origin ‘Salers’ – Regulation (EC) No 828/2003 – Definition of position by the Commission – Manifest inadmissibility
      1.                     Actions for failure to act – Failure remedied before commencement of proceedings – Inadmissibility – Definition of position
            failing to satisfy the applicant – Not relevant (Art. 232 EC) (see paras 19, 22)
      2.                     Actions for failure to act – Natural or legal persons – Actionable omissions – Omission to initiate proceedings for failure
            to act – Inadmissibility (Arts 226 EC and 232, third para., EC) (see paras 24-25)
      3.                     Procedure – Application initiating proceedings – Establishment of the subject-matter of a claim  – Amendment of the forms
            of order initially sought at the stage of observations on the plea as to inadmissibility – Inadmissibility (Rules of Procedure
            of the Court of First Instance, Arts 44(1) and 48(2)) (see para. 28)
      Re:
      
         ACTION for declaration of failure to act in that the Commission failed to adopt a decision on the applicant’s complaint against
                  the French Republic 
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the action as manifestly inadmissible;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.