Judgment of the Court of Justice, GEMA, case 125/78 (18 October 1979)

Excerpt from the GEMA judgment relating to the admissibility of action for failure to act. Action for failure to act is only admissible if the defendant party has been called upon to act and if, after the expiration of a period of two months from such a request, the institution has not defined its position (Article 232, second paragraph, of the EC Treaty, former Article 175). In the GEMA judgment, the Court of Justice considers that the institution concerned has adopted an act which, in constituting a 'defining of position', excludes failure to act.

Source and copyright

Source: Reports of Cases before the Court. 1979. [s.l.].

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