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 to have resulted from that failure
Operative part
The Court:
1.
Declares that there is no need to adjudicate on the claim alleging failure to act;
2.
Dismisses the claim for compensation;
3.
Orders the parties to bear their own costs.
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