Order of the General Court (Eighth Chamber) of 30 June 2011 – Tecnoprocess v Commission and EU Delegation to the Kingdom of Morocco

(Case T-264/09)

Action for failure to act – Invitation to act – Inadmissibility – Action for damages – Causal link – Loss – Action manifestly lacking any foundation in law

1.                     Actions for failure to act – Community institution – Commission delegation – Not included – Action against the delegation for failure to act – Inadmissibility (Art. 20 EU) (see paras 70-71)

2.                     Actions for failure to act – Institution called upon to act – Conditions – Clear and express request (Art. 232, second para., EC) (see paras 84-85)

3.                     Actions for failure to act – Time-limits – Mandatory – Action brought late – Claim barred by lapse of time (Art. 232, second para., EC) (see paras 92-94)

4.                     Actions for damages – Jurisdiction of the EU judicature – Limits – Jurisdiction to rule on rights under contracts with a view to securing their performance – Not included (Arts 235 EC and 288, second para, EC) (see para. 116)

5.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (Art. 288, second para., EC) (see paras 117-118)

6.                     Non-contractual liability – Conditions – Causal link – Concept – Burden of proof (Art. 288, second para., EC) (see paras 120-122)

Re:

ACTION firstly, for a declaration that the European Commission and the EU Delegation to the Kingdom of Morocco have failed to act and secondly, for damages to compensate for the loss allegedly suffered as a result of, inter alia, that failure to act.

Operative part

1. The action is dismissed as in part inadmissible and in part manifestly without foundation in law.

2. Technoprocess Srl is ordered to pay the costs.