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Judgment of the Court of First Instance (Fourth Chamber) of 25 January 2006. # Azienda agricola "Le Canne" Srl v Commission of the European Communities. # Judgment annulling a Commission decision reducing the amount of Community financial assistance - Procedures for compliance - Action for failure to act - No need to adjudicate - Action for damages. # Case T-276/03.
ECLI:EU:T:2006:23
62003TJ0276
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(Case T-276/03)
Judgment annulling a Commission decision reducing the amount of Community financial assistance – Procedures for compliance – Action for failure to act – No need to adjudicate – Action for damages
1. Actions for failure to act – Failure remedied after commencement of proceedings – Subject-matter of the action ceasing to exist – No need to adjudicate (Arts 232 EC and 233 EC) (see paras 34-39)
Re:
APPLICATION for, first, a declaration that the Commission unlawfully failed to adopt the measures necessary to comply with the judgment of the Court of First Instance of 5 March 2002 in Case T-241/00 Le Canne v Commission [2002] ECR II-1251 and, secondly, damages for the loss alleged to have resulted from that failure
Operative part
The Court:
1.Declares that there is no need to adjudicate on the claim alleging failure to act;
2.Dismisses the claim for compensation;
3.Orders the parties to bear their own costs.