Actions for failure to act

Under Article 265 of the Treaty on the Functioning of the European Union, should the European Parliament, the European Council, the Council of the European Union, the European Commission or the European Central Bank, in infringement of the treaties, fail to act, the EU Member States and the other European Union (EU) institutions may bring an action before the Court of Justice of the European Union to have the infringement established. This article also applies, under the same conditions, to EU bodies, offices and agencies which fail to act.

The action is deemed admissible only if the institution, body, office or agency concerned has first been called upon to act. If, within 2 months of being called upon to do so, the institution, body, office or agency concerned has not defined its position, the action may be brought within a further period of 2 months.

Any natural person (individual) or legal person (business or other form of organisation) may, under the conditions laid down above, complain to the Court that an EU institution, body, office or agency has failed to address to that person any act (other than a recommendation or an opinion).