Forms of action

Actions for failure to fulfil obligations

Such proceedings enable the Court of Justice to determine whether a Member State has fulfilled its obligations under Community law. The commencement of proceedings before the Court of Justice is preceded by a preliminary procedure conducted by the Commission, which gives the Member State the opportunity to reply to the complaints against it. If that procedure does not result in termination of the failure by the Member State, an action for breach of Community law may be brought before the Court of Justice. That action may be brought by the Commission – as is practically always the case – or by another Member State. If the Court finds that an obligation has not been fulfilled, the Member State concerned must terminate the breach without delay. If, after new proceedings are initiated by the Commission, the Court of Justice finds that the Member State concerned has not complied with its judgment, it may, upon the request of the Commission, impose on the Member State a fixed or a periodic financial penalty.

Actions for annulment

By an action for annulment, the applicant seeks the annulment of a measure adopted by an institution (regulations, directives, decisions). An action for annulment may be brought by a Member State, by the Community institutions (Parliament, Council, Commission) or by individuals to whom a measure is addressed or which is of direct and individual concern to them.

Actions for failure to act

The Court of Justice and the Court of First Instance may also review the legality of a failure to act on the part of a Community institution. However, such an action may be brought only after the institution has been called on to act. Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures.

Application for compensation

In applications for compensation, based on non-contractual liability, the Court of First Instance rules on the liability of the Community for damage caused to citizens and to undertakings by its institutions or servants in the performance of their duties.

Appeals

Lastly, appeals on points of law only may be brought before the Court of Justice against judgments given by the Court of First Instance. If the appeal is admissible and well founded, the Court of Justice sets aside the judgment of the Court of First Instance. Where the state of the proceedings so permits, the Court may itself decide the case. Otherwise, the Court must refer the case back to the Court of First Instance, which is bound by the decision given on appeal.

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