Failure to act

Failure to act

Failure to act (article 265 TFEU) (“recours en carence”)

By such an action, the applicant challenges an EU institution for not having adopted a decision. For DG Competition's activities, this may for instance be the case where a complainant considers that the Commission does not act on its complaint. Such actions are rare in relation to DG Competition's activities.

Resources

See Also

References

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

Failure to act (article 265 TFEU)

A failure to act action can only be validly brought before the Court if the applicant has first followed a pre-litigation procedure. This pre-litigation procedure is thus the last possibility for the Commission to remedy its failure (if there is indeed one) and to avoid an action before the Court. Therefore, it is important to understand how and when the pre-litigation procedure starts and what the case-team should do from that moment on.

Resources

See Also

References

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

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