Tag: Commission Internal Procedure
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Legal Actions Specific Remarks
Specific remarks applicable to some types of legal actionsThe two most frequent types of legal actions before the Court that are relevant for DG Competition's antitrust activities (action for annulment and preliminary ruling case) are governed by the common features described above. Two…
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Legal Service Relations
Features common to all types of legal actions: Relations with Legal Service (LS)For all Court cases, the Legal Service represents the Commission. It is therefore the responsibility of the LS to draft the various written pleadings in a case and to notify them to the Court, to present the ora…
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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 no…
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Failure to act effects
Application for failure to act before the CourtIf 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 a…
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Formal request to act
Formal request to actA party can only bring a failure to act action before the Court if it has first sent a formal request to act to the Commission (Article 265(2) TFEU), which opens a two-months deadline during which the Commission is invited to put an end to the alleged failure. 1. What c…
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Appeals before the Court of Justice
Appeals before the Court of Justice against General Court judgmentsIf the Commission is unsuccessful before the General Court (for instance, the General Court annuls a decision, or considers that the Commission failed to act in a given case, or finds that the Commission is liable for the ha…