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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Action for Failure to Act: Court of Justice of the European Union (CJEU)

Alexander Thiele

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

International courts and tribunals, procedure — Remedies and costs

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The action for failure to act according to Article 265 Treaty on the Functioning of the European Union (‘TFEU’) enables an applicant to bring an allegedly illegal, in the sense of treaty-infringing, failure to act of a European institution, body, office, or agency before the Court of Justice of the European Union (‘CJEU’) (European Union, Court of Justice and General Court). It thereby complements the action for annulment according to Article 263 TFEU that generally requires some sort of ‘act’, meaning a specific and legally existent act, of the respective...
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