Language of document :

Order of the Court of First Instance of 24 November 2009 - Szomborg v Commission

(Case T-228/08) 1

(Action for failure to act - Commission's failure to present a scientific assessment within the prescribed period - Non-actionable measure - Not individually concerned - Inadmissibility)

Language of the case: Polish

Parties

Applicant: Szomborg (Jastarnia, Poland) (represented by: R. Nowosielski, lawyer)

Defendant: Commission of the European Communities (represented by: K. Banks and A. Szmytkowska, Agents)

Re:

Action for failure to act, seeking a declaration that the Commission unlawfully failed to present within the prescribed period the scientific assessment provided for in Article 27 of Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ 2005 L 349, p. 1)

Operative part of the order

1.    The action is dismissed as inadmissible.

2.    Mr Grzegorz Szomborg shall bear his own costs and pay those incurred by the Commission of the European Communities.

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1 - OJ C 209, 15.08.2008.