Action for failure to act

Alexander H. Türk ()

Chapter 11 in Judicial Review in the European Union, 2025, pp 385-416 from Edward Elgar Publishing

Abstract: This Chapter addresses actions for failure to act under Article 265 TFEU. It highlights that, while the notion of legal effects of Union acts is relevant for both reviewable omissions and acts, failure to adopt an act may have legal effects even if the adopted act would not have such effects. Furthermore, it highlights that applicants can bring an action under Article 265 TFEU if the institution has not defined its position within a period of two months following a formal notice. Such actions are rarely successful, as the institution can define its position either by complying with the request, or by rejecting it, thereby limiting the applicant's right to effective judicial protection. Finally, the Chapter emphasizes that non-privileged applicants face similar locus standi challenges under both Articles 263(4) and 265(3) TFEU, suggesting that an expansive interpretation of the standing requirements could solve this issue.

Keywords: Article 265 TFEU; Failure to Act; Reviewable omission; Non-adoption; Preparatory act (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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