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Order of the Court of First Instance (Fourth Chamber) of 5 September 2006.#Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias (AEPI AE) v Commission of the European Communities.#Copyright and related rights - Proceedings for a declaration of failure to fulfil obligations - Closure of procedure on a complaint submitted by an individual - Action for annulment - Inadmissibility.#Case T-242/05.

ECLI:EU:T:2006:235

62005TO0242

September 5, 2006
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(Case T-242/05)

Copyright and related rights – Proceedings for a declaration of failure to fulfil obligations – Closure of procedure on a complaint submitted by an individual – Action for annulment – Inadmissibility

1. Actions for annulment – Actionable measures (Arts 226 EC and 230, fourth para., EC) (see paras 27, 29-30, 32)

2. Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Arts 226 EC and 230 EC) (see para. 35)

3. Actions for annulment – Right of the Commission and of the Member States to bring judicial proceedings (Arts 226 EC and 227 EC) (see para. 39)

Re:

APPLICATION for annulment of the decision of the Commission of 20 April 2005 not to initiate proceedings against the Greek Republic for a declaration of failure to fulfil obligations and an application that a ruling be given on the substance.

Operative part

The Court:

Dismisses the action as inadmissible;

Orders the applicant to pay the costs.

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