Judgments (Information) nº T-276/03 of Court of First Instance of the European Communities, January 25, 2006

• Resolution Date: January 25, 2006
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-276/03

Judgment of the Court of First Instance (Fourth Chamber) of 25 January 2006 − Le Canne v Commission

(Case T-276/03)

Judgment annulling a Commission decision reducing the amount of Community financial assistance – Procedures for compliance – Action for failure to act – No need to adjudicate – Action for damages

1. Actions for failure to act – Failure remedied after commencement of proceedings – Subject-matter of the action ceasing to exist – No need to adjudicate (Arts 232 EC and 233 EC) (see paras 34-39)

2. Actions for damages – Subject-matter – Application for damages suffered by reason of a failure to act on the part of a Community institution (Art. 235 EC) (see paras 45-48)

   Re:

   APPLICATION for, first, a declaration that the Commission unlawfully failed to adopt the measures necessary to comply with the judgment of the Court of First Instance of 5 March 2002 in Case T-241/00

   Le Canne

   v

   Commission

   [2002] ECR II-1251 and, secondly, damages for the loss alleged...