Judgment of the Court of Justice, Lord Bethell, Case 246/81

Extract from the Lord Bethell judgment relating to the admissibility of an action for failure to act. The action is inadmissible since the private individual who fails to act cannot complain to the Commission that it 'has failed to address to [him] any act other than a recommendation or an opinion', within the meaning of the third paragraph of Article 175 of the EC Treaty (new Article 232). By establishing the similar nature of the action for annulment and the action for failure to act, the Court lays down that the natural or legal person who brings the action has to be either the actual addressee of a decision which may be declared void or the potential addressee of a decision which a Community institution has a duty to adopt in his regard.

Source and copyright

Source: Reports of Cases before the Court. 1973. [s.l.].

Copyright: All rights of reproduction, public communication, adaptation, distribution or dissemination via Internet, internal network or any other means are strictly reserved in all countries. The documents available on this Web site are the exclusive property of their authors or right holders. Requests for authorisation are to be addressed to the authors or right holders concerned. Further information may be obtained by referring to the legal notice and the terms and conditions of use regarding this site.

This document is also available in…

The PDF content cannot be displayed in the browser. To view the content, please install
Download Content