Order of the General Court (Eighth Chamber) of 5 January 2010 – Química Atlântica v Commission

(Case T-71/09)

Action for failure to act – Adoption of a position – Action for compensation – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility

1.                     Actions for failure to act – Failure remedied before commencement of proceedings – Subject-matter of the action ceasing to exist – No need to adjudicate (see paras 28-31)

2.                     Procedure – Application initiating proceedings – Formal requirements (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 35-39)

Re:

APPLICATION for a declaration that the Commission failed to act in that it unlawfully failed to take the measures necessary to harmonise the tariff heading criteria for dicalcium phosphate, and an application for reimbursement of the difference between the amounts that the applicant has had to pay since 1995 by way of customs duties and those which would have been payable had the rate for Tariff Code 28 35 25 90 been applied to the importation of dicalcium phosphate from Tunisia or an indemnity of an equivalent amount.

Operative part

1. The action is dismissed.

2. There is no need to adjudicate on the application to intervene of Timab Ibérica SL.

3. Química Atlântica Lda is ordered to pay its own costs and those of the European Commission.