Order of the Court of First Instance (Fourth Chamber) of 30 March 2006 − Korkmaz and Others v Commission

(Case T-2/04)

Admissibility – Application for annulment – Act against which proceedings can be brought – Implied Commission decision refusing to make a proposal to the Council – Action for failure to act – Omission against which proceedings can be brought – Failure to address a proposal to the Council – Discretion – Injunction

1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC) (see paras 33-45)

2.                     Actions for failure to act – Natural or legal persons (Art. 232, third para., EC) (see paras 62-65)

Re:

APPLICATION for the annulment of the Commission’s Regular Report of 5 November 2003 concerning Turkey’s progress towards accession, in so far as it contains a Commission decision refusing to make a recommendation to the Council concerning pre-accession aid granted to Turkey and, in the alternative, for a finding of failure to act in that connection and, in any event, for an injunction in that regard.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Cemender Korkmaz, Corner House Research and the Kurdish Human Rights Project to pay the costs.