EUR-Lex -  61997TO0182 - EN - Order of the Court of First Instance (Second Chamber) of 16 February 1998. - Smanor SA, Hubert Ségaud and Monique Ségaud v Commission of the European Communities. - Refusal to initiate infringement proceedings - Action for annulment - Inadmissibility. - Case T-182/97.

Summary
Keywords

Actions for annulment - Actionable measures - Refusal of the Commission to initiate the procedure for failure to fulfil obligations - Not included

(EC Treaty, Art. 169)

Summary

An action for annulment brought by a natural or legal person in respect of a refusal on the part of the Commission to initiate the procedure for failure to fulfil obligations is inadmissible.

Such a refusal is not actionable both because under Article 169 of the Treaty the Commission is not bound to initiate such a procedure - it has, rather, a discretionary power precluding the right of individuals to require it to adopt a particular position or to bring an action for annulment against its refusal to take action - and because the only act which could be refused would be a reasoned opinion, which itself cannot form the subject-matter of proceedings for annulment.

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