Complaints in Europe

Complaints for Failure To Act (Article 265 TFEU)

This form of action supplements the legal protection available against the European Parliament, the European Council, the Council, the Commission and the European Central Bank. There is a preliminary procedure whereby the complainant must first put the institution on notice to fulfil its duty. The order sought in an action by the institutions is a declaration that the body concerned has infringed the Treaty by neglecting to take a decision required of it. Where the action is brought by a citizen or an undertaking, it is for a declaration that the institution has infringed the Treaty by neglecting to address an individual decision to them. The judgment simply finds that the neglect was unlawful. The Court of Justice/General Court has no jurisdiction to order that a decision be taken: the party against whom judgment is given is merely required to take measures to comply with the judgment (Article 266 TFEU).