JN204 Lecture Notes - Lecture 19: Legal Certainty
19 Nov 2020
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Failure to act: union institutions (council, commission, parliament, european council, & other bodies, offices & agencies may also act unlawfully by failing to act (failing to carry out a duty imposed on them by t. e. u. /t. f. e. u. ). Addressed by art. 265 t. f. e. u: failure can be challenged by, privileged applicants as art. 263 t. f. e. u. plus e. c. b. Commissionhas failed to adopt in relation to him a measure which he was legally entitled to claim by virtue of the rules of union law. bethell v commission (246/81) Institution, body, office or agency whose failure to act been declared contrary to t. f. e. u. be required by court to take remedial action so as to comply with court"s judgment. : court jurisdiction in disputes relating to compensation for damage provided for in art. 340 (2) & (3) t. f. e. u: non-contractual liability art. 340 (2) t. f. e. u. Union make good any damage caused by institutions or by servants in performance of duties. Roquettes freres (26/74) actual, certain & concrete .
