Order of the Court of First Instance (Sixth Chamber) of 24 November 2009 – Szomborg v Commission
(Case T-228/08)
Action for failure to act – Commission’s failure to present a scientific assessment within the prescribed period – Non-actionable measure – Not individually concerned – Inadmissibility
1.Actions for failure to act – Natural or legal persons – Actionable omissions – Failure by the Commission to carry out a scientific assessment of the impact of the use of certain fishing nets on cetaceans – Inadmissibility (Art. 232, third para., EC; Council Regulation No 2187/2005, Arts 9(1) and 27) (see paras 15-19)
2.Actions for failure to act – Natural or legal persons – Measures of direct and individual concern to them – Provision of a regulation requiring the Commission to carry out an assessment of the impact of certain fishing nets on cetaceans – Action by a fisherman belonging to a distinct sub-group of fishermen – Not individually concerned – Inadmissibility (Art. 232, third para., EC) (see paras 21-26)
Re:
| ACTION for failure to act, seeking a declaration that the Commission unlawfully failed to present within the prescribed period the scientific assessment required by Article 27 of Council Regulation (EC) No2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No1434/98 and repealing Regulation (EC) No88/98 (OJ 2005 L349, p.1). |
Operative part
1. |
| The action is dismissed as inadmissible. |
2. |
| Mr Grzegorz Szomborg is ordered to bear his own costs and pay those incurred by the Commission of the European Communities. |