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:
1. |
| Dismisses the action as manifestly inadmissible; |
2. |
| Orders the applicant to pay the costs. |