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. |