Failure to act effects

Failure to act effects

Application for failure to act before the Court

If no act has been adopted within the deadline of two months as provided for by Article 265 (2) TFEU, the applicant can immediately bring a case before the Court. If it does so, the general Court procedure will apply.

More about Failure to act effects

If the Commission acts after the applicant has brought the case before the Court but before the Court decides on substance, the Court will close the case since it will have become devoid of purpose; the Court's practice is however to order that the Commission must pay the applicant's lawyers' fees.


See Also


  • Information about Failure to act effects in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

  • Information about Failure to act effects in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)

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