Judgments (Information) nº T-164/10 of The General Court, September 26, 2013

Resolution DateSeptember 26, 2013
Issuing OrganizationThe General Court
Decision NumberT-164/10

Judgment of the General Court (Seventh Chamber) of 26 September 2013 —Pioneer Hi-Bred International v Commission (Case T‑164/10)

Approximation of laws — Deliberate release into the environment of genetically modified organisms — Authorisation procedure for placing on the market — Failure by the Commission to submit a draft decision to the Council — Action for failure to act

  1. Actions for failure to act — Institution called upon to act — Position taken ending the inaction — Concept — Commission proposing to the Council a decision on measures to be taken pursuant to Article 5(4) of Decision 1999/468 — Proposal constituting a necessary preliminary to the final decision concerning the marketing of genetically modified maize — Included (Art. 265 TFEU; European Parliament and Council Directive 2001/18, Art. 18; Council Decision 1999/468, Art. 5) (see paras 26, 27, 30-32)

  2. Actions for failure to act — Commission’s obligation to act — Submission by the Commission to the Council without delay of a proposal for a decision concerning measures to be taken pursuant to Article 5(4) of Decision 1999/468 — Failure — No justification — Failure to act (Art. 265 TFEU; European Parliament and Council Directive 2001/18, Art. 18; Council Decision 1999/468, Art. 5(4)) (see paras 37, 42, 47, 52, 53, 58, 71, 80 and op. part)

  3. Acts of the institutions — Temporal application — Procedural rules — Directly applicable to disputes pending at the time of their entry into force (see para. 73)

Re:

APPLICATION for a declaration under Article 265 TFEU that, by failing to submit to the Council a draft of the measures to be...

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