CJEC, July 11, 1979, No 59-79

THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES,

According to Article 91(3) of the rules of procedure, unless the Court of Justice decides otherwise the remainder of the proceedings concerning a preliminary objection is to be oral. The Court is of the opinion that there are no grounds, for opening the oral procedure and it has decided, as provided for in Article 91(3), to adjudicate forthwith upon the application in the light of the written statements.

The application is inadmissible. If the Commission decides to initiate a procedure pursuant to the provisions of Article 93 of the EEC treaty it has a reasonable period within which to complete this procedure. The fact that the applicant availed itself of the opportunity afforded it by the Commission during this procedure to submit its comments cannot be assimilated to the institution's "being called upon to act" within the meaning of Article 175 of the Treaty which causes the period of two months referred to in the second paragraph of that Article to start to run. Furthermore it should be pointed out that a natural or legal person may complain to the Court of Justice, pursuant to the provisions of the third paragraph of the same Article, only that an institution has failed to address to that person any act other than a recommendation or an opinion. The applicant has not addressed to the Commission an application which fulfils those conditions.

On those grounds,

THE COURT

Hereby orders as follows :

1. The application is dismissed as inadmissible.

2. The applicant is ordered to pay the costs.