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Order of the Court of First Instance (Fourth Chamber) of 30 March 2006. # Cemender Korkmaz, Corner House Research and The Kurdish Human Rights Project v Commission of the European Communities. # Admissibility - Application for annulment - Act against which proceedings can be brought - Implied Commission decision refusing to make a proposal to the Council - Action for failure to act - Omission against which proceedings can be brought - Failure to address a proposal to the Council - Discretion - Injunction. # Case T-2/04.
ECLI:EU:T:2006:97
62004TO0002
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(Case T-2/04)
Admissibility – Application for annulment – Act against which proceedings can be brought – Implied Commission decision refusing to make a proposal to the Council – Action for failure to act – Omission against which proceedings can be brought – Failure to address a proposal to the Council – Discretion – Injunction
1. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC) (see paras 33-45)
Re:
APPLICATION for the annulment of the Commission’s Regular Report of 5 November 2003 concerning Turkey’s progress towards accession, in so far as it contains a Commission decision refusing to make a recommendation to the Council concerning pre-accession aid granted to Turkey and, in the alternative, for a finding of failure to act in that connection and, in any event, for an injunction in that regard.
Operative part
The Court:
1.Dismisses the action as inadmissible;
2.Orders Cemender Korkmaz, Corner House Research and the Kurdish Human Rights Project to pay the costs.