Order of the Court of First Instance (Fourth Chamber) of 27 October 2005 − GAEC Salat v Commission

(Case T-89/05)

Action for failure to act – Complaint concerning the protected designation of origin ‘Salers’ – Regulation (EC) No 828/2003 – Definition of position by the Commission – Manifest inadmissibility

1.                     Actions for failure to act – Failure remedied before commencement of proceedings – Inadmissibility – Definition of position failing to satisfy the applicant – Not relevant (Art. 232 EC) (see paras 19, 22)

2.                     Actions for failure to act – Natural or legal persons – Actionable omissions – Omission to initiate proceedings for failure to act – Inadmissibility (Arts 226 EC and 232, third para., EC) (see paras 24-25)

3.                     Procedure – Application initiating proceedings – Establishment of the subject-matter of a claim – Amendment of the forms of order initially sought at the stage of observations on the plea as to inadmissibility – Inadmissibility (Rules of Procedure of the Court of First Instance, Arts 44(1) and 48(2)) (see para. 28)

Re:

ACTION for declaration of failure to act in that the Commission failed to adopt a decision on the applicant’s complaint against the French Republic

Operative part

The Court:

1. Dismisses the action as manifestly inadmissible;

2. Orders the applicant to pay the costs.