Notice for the OJ

 

Action for failure to act brought on 18 November 2004 by Mediocurso - Estabelecimento de Ensino Particular S.A. against the Commission of the European Communities

(Case T-451/04)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 18 November 2004 by Mediocurso - Estabelecimento de Ensino Particular S.A., established in Lisbon (Portugal), represented by Carlos Botelho Moniz and Eduardo Maia Cadete, lawyers, with an address for service in Lisbon.

The applicant claims that the Court should:

-    declare that the Commission, by failing to comply with Article 233 EC, was in breach of its duty to implement the judgment of the Court of Justice of the European Communities of 21 September 2000 in Case C-462/98 P Mediocurso v Commission;

-    order the Commission to pay the costs.

Pleas in law and main arguments

The applicant founds its claim on the Commission's alleged failure to take the necessary measures to comply with the judgment of the Court of Justice of 21 September 2000 in Case C-462/98 P Mediocurso v Commission.

More than 50 months have passed since the judgment was delivered and the Commission has not taken the measures which implementation of the judgment require it to take, namely taking a decision on the applicant's requests for payment of outstanding balances.

Despite having been formally requested to act, by letter from the applicant dated 19 July 2004, the Commission merely responded, by letter of 31 August 2004, that its services would be taking new decisions as soon as possible. In the applicant's submission, that response is a purely interim communication and does not amount to a measure implementing the abovementioned judgment.

Thus, as provided for in Article 232 EC, the Commission has unlawfully failed to act and in accordance with the first paragraph of Article 232 EC the Court of Justice may establish the infringement.

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