Order of the Court of First Instance (Fourth Chamber) of 5 September 2006 – AEPI v Commission

(Case T-242/05)

Copyright and related rights – Proceedings for a declaration of failure to fulfil obligations – Closure of procedure on a complaint submitted by an individual – Action for annulment – Inadmissibility

1.                     Actions for annulment – Actionable measures (Arts 226 EC and 230, fourth para., EC) (see paras 27, 29-30, 32)

2.                     Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Arts 226 EC and 230 EC) (see para. 35)

3.                     Actions for annulment – Right of the Commission and of the Member States to bring judicial proceedings (Arts 226 EC and 227 EC) (see para. 39)

Re:

APPLICATION for annulment of the decision of the Commission of 20 April 2005 not to initiate proceedings against the Greek Republic for a declaration of failure to fulfil obligations and an application that a ruling be given on the substance.

Operative part

The Court:

Dismisses the action as inadmissible;

Orders the applicant to pay the costs.