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Order of the Court of First Instance (Sixth Chamber) of 24 November 2009. # Grzegorz Szomborg v Commission of the European Communities. # Action for failure to act - Commission's failure to present a scientific assessment within the prescribed period - Non-actionable measure - Not individually concerned - Inadmissibility. # Case T-228/08.
ECLI:EU:T:2009:463
62008TO0228
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(Case T-228/08)
Action for failure to act – Commission’s failure to present a scientific assessment within the prescribed period – Non-actionable measure – Not individually concerned – Inadmissibility
1. Actions for failure to act – Natural or legal persons – Actionable omissions – Failure by the Commission to carry out a scientific assessment of the impact of the use of certain fishing nets on cetaceans – Inadmissibility (Art. 232, third para., EC; Council Regulation No 2187/2005, Arts 9(1) and 27) (see paras 15-19)
Re:
ACTION for failure to act, seeking a declaration that the Commission unlawfully failed to present within the prescribed period the scientific assessment required by Article 27 of Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ 2005 L 349, p. 1).
Operative part
1.The action is dismissed as inadmissible.
2.Mr Grzegorz Szomborg is ordered to bear his own costs and pay those incurred by the Commission of the European Communities.