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Order of the Court (Sixth Chamber) of 23 May 2007. # Smanor SA, Hubert Ségaud and Monique Ségaud v Commission of the European Communities. # Appeal - Action for failure to act. # Case C-99/07 P.

ECLI:EU:C:2007:295

62007CO0099

May 23, 2007
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(Case C‑99/07 P)

Appeals – Order of the Court of First Instance – Actions for failure to act – Complaints of alleged failure to act by a Member State – Commission not taking a position – Appeal manifestly inadmissible

Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, para. 1; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 15-17)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 14 December 2006 in Case T-150/06 Smanor and Others v Commission whereby the Court of First Instance dismissed as inadmissible the action by the applicants for: (1) a declaration that the Commission unlawfully failed to act by not taking a position on the complaints which they had lodged in 1986 against the French Republic; and (2) an order for suspension of operation of a judgment and of a decision taken by the national authorities.

Operative part:

The appeal is dismissed.

Smanor SA and Mr & Mrs Ségaud are ordered to bear their own costs.

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