EU judicial protection - Action for failure to act: article 265 TFEU

4 important questions on EU judicial protection - Action for failure to act: article 265 TFEU

What is the difference between art. 263 TFEU and 265 TFEU?

263 is about an act, whereas 265 is about an omission

Who are the applicants under article 265?

1. Privileged applicant:
Member states, EU institutions, bodies
2. Non-privileged;
natural and legal persons

Who are the defendants under article 265?

1. EU institutions
2. Bodies
3. Offices and agencies
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How does the pre-litigation procedure under 265 TFEU look like?

1) invitation to act
2) definition of position by the defendant EU institution, body, office or agency within 2 months
3) if the defendant does not define its position within 2 months, an application under article 265 TFEU can be brought within the next 2 months

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