Smanor SA, Hubert Segaud and Monique Segaud v Commission of the European Communities. (Refusal to initiate infringement proceedings) [1998] EUECJ T-182/97 (16 February 1998)

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Court of Justice of the European Communities (including Court of First Instance Decisions)

You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Smanor SA, Hubert Segaud and Monique Segaud v Commission of the European Communities. (Refusal to initiate infringement proceedings) [1998] EUECJ T-182/97 (16 February 1998)
URL: http://www.bailii.org/eu/cases/EUECJ/1998/T18297.html
Cite as: [1998] EUECJ T-182/97

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

61997B0182
Order of the Court of First Instance (Second Chamber)of 16 February 1998.
Smanor SA, Hubert Ségaud and Monique Ségaud v Commission of the European Communities.
Refusal to initiate infringement proceedings - Action for annulment - Inadmissibility.
Case T-182/97.
European Court reports 1998 Page II-00271

Actions for annulment - Actionable measures - Refusal of the Commission to initiate the procedure for failure to fulfil obligations - Not included
(EC Treaty, Art. 169)

An action for annulment brought by a natural or legal person in respect of a refusal on the part of the Commission to initiate the procedure for failure to fulfil obligations is inadmissible.
Such a refusal is not actionable both because under Article 169 of the Treaty the Commission is not bound to initiate such a procedure - it has, rather, a discretionary power precluding the right of individuals to require it to adopt a particular position or to bring an action for annulment against its refusal to take action - and because the only act which could be refused would be a reasoned opinion, which itself cannot form the subject-matter of proceedings for annulment.

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URL: http://www.bailii.org/eu/cases/EUECJ/1998/T18297.html

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	Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Smanor SA, Hubert Segaud and Monique Segaud v Commission of the European Communities. (Refusal to initiate infringement proceedings) [1998] EUECJ T-182/97 (16 February 1998) URL: http://www.bailii.org/eu/cases/EUECJ/1998/T18297.html Cite as: [1998] EUECJ T-182/97