Order of the Court of First Instance (Sixth Chamber) of 24 November 2009 – Szomborg v Commission

(Case T-228/08)

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

1.                     Actions for failure to act – Natural or legal persons – Actionable omissions – Failure by the Commission to carry out a scientific assessment of the impact of the use of certain fishing nets on cetaceans – Inadmissibility (Art. 232, third para., EC; Council Regulation No 2187/2005, Arts 9(1) and 27) (see paras 15-19)

2.                     Actions for failure to act – Natural or legal persons – Measures of direct and individual concern to them – Provision of a regulation requiring the Commission to carry out an assessment of the impact of certain fishing nets on cetaceans – Action by a fisherman belonging to a distinct sub-group of fishermen – Not individually concerned – Inadmissibility (Art. 232, third para., EC) (see paras 21-26)

Re:

ACTION for failure to act, seeking a declaration that the Commission unlawfully failed to present within the prescribed period the scientific assessment required by 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

1. The action is dismissed as inadmissible.

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