European Parliament v Council of the European Communities.

• Jurisdiction: European Union
• Celex Number: 61987CJ0377
• ECLI: ECLI:EU:C:1988:387
• Court: Court of Justice (European Union)
• Docket Number: 377/87
• Procedure Type: Recours en carence - non-lieu à statuer
• Date: 12 July 1988

Avis juridique important

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61987J0377

Judgment of the Court of 12 July 1988. - European Parliament v Council of the European Communities. - Budgetary procedure: compliance with the time-table laid down by the Treaty. - Case 377/87.

European Court reports 1988 Page 04017

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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Action for failure to act - Omission repaired after commencement of proceedings - Subject-matter of the action ceases to exist - No need for a decision

( EEC Treaty, Arts 175 and 176 )

Summary

The remedy provided for in Article 175 of the Treaty is founded on the premiss that the unlawful inaction on the part of the Council or of the Commission enables the other institutions and the Member States and, in certain circumstances, private persons to bring the matter before the Court in order to obtain a declaration that the failure to act is contrary to the Treaty, in so far as it has not been repaired by the institution concerned . The effect of the declaration, under Article 176, is that the defendant institution is

required to take the necessary measures to comply with the judgment of the Court, without prejudice to any action to establish non-contractual liability to which the aforesaid declaration may give rise .

In circumstances where the act whose absence constitutes the subject-matter of the proceedings was adopted after the action was brought but before judgment, a declaration by the Court that the initial failure to act is unlawful can no longer bring about the consequences prescribed by Article 176 . It follows that in such a case, as in cases where the defendant institution has responded within a period of two months after being called upon to act, the subject-matter of the action has ceased to exist, so that there is no longer any need for the Court to give a decision .

Parties

In Case 377/87

European Parliament, represented by its jurisconsult, Francesco Pasetti Bombardella, and by Christian Pennera, a member of its Legal Department, acting as Agents, with an address for service in Luxembourg at the General Secretariat of the Parliament, Plateau de Kirchberg,

applicant,

v

Council of the European Communities, represented by Arthur Alan Dashwood, Director of its Legal Department, and Félix van Craeyenest, Principal Administrator in its Legal Department, acting as Agents with an address for service in Luxembourg at the...