CELEX: 61997TO0182
Language: en
Date: 1998-02-16 00:00:00
Title: Order of the Court of First Instance (Second Chamber) of 16 February 1998. # Smanor SA, Hubert Ségaud and Monique Ségaud v Commission of the European Communities. # Refusal to initiate infringement proceedings - Action for annulment - Inadmissibility. # Case T-182/97.

Avis juridique important

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61997B0182

Order of the Court of First Instance (Second Chamber) of 16 February 1998.  -  Smanor SA, Hubert Ségaud and Monique Ségaud v Commission of the European Communities.  -  Refusal to initiate infringement proceedings - Action for annulment - Inadmissibility.  -  Case T-182/97.  

European Court reports 1998 Page II-00271

Summary
Keywords

Actions for annulment - Actionable measures - Refusal of the Commission to initiate the procedure for failure to fulfil obligations - Not included(EC Treaty, Art. 169)  

Summary

An action for annulment brought by a natural or legal person in respect of a refusal on the part of the Commission to initiate the procedure for failure to fulfil obligations is inadmissible.Such a refusal is not actionable both because under Article 169 of the Treaty the Commission is not bound to initiate such a procedure - it has, rather, a discretionary power precluding the right of individuals to require it to adopt a particular position or to bring an action for annulment against its refusal to take action - and because the only act which could be refused would be a reasoned opinion, which itself cannot form the subject-matter of proceedings for annulment.