Judgments (Information) nº T-164/10 of The General Court, September 26, 2013
Resolution Date | September 26, 2013 |
Issuing Organization | The General Court |
Decision Number | T-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
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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)
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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)
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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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