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Order of the Court of First Instance (Fifth Chamber) of 30 April 1999. # Pescados Congelados Jogamar SL v Commission of the European Communities. # Action for declaration of failure to act - Inadmissibility. # Case T-311/97.
ECLI:EU:T:1999:89
61997TO0311
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61997B0311
European Court reports 1999 Page II-01407
Summary
Keywords
Actions for failure to act - Institution must be called upon to act - Conditions - Request must be clear and precise (EC Treaty, Art. 175, second para.)
Summary
An action brought under Article 175 of the Treaty for failure to act is admissible only in so far as the applicant has duly followed the pre-litigation procedure, satisfying the essential procedural requirement of calling upon the institution concerned to act, within the meaning of the second paragraph of that provision. This it must have done with sufficient clarity and precision for the institution to have a clear idea of the content of the decision sought and to take cognisance of that fact that the applicant intends to compel it to state a position. Although there is no need, at the pre-litigation stage of such an action, to satisfy excessively stringent conditions as regards evidence that essential procedural requirements have been observed, a request merely that the institution provide certain information so that the applicant can take action itself is not sufficient.