In which of the situations set out below can an applicant, who has lodged a complaint notifying the relevant EU institution of its failure to act, bring proceedings before the Union courts against that EU institution for failure to act?
A) When the relevant EU institution adopts a decision contrary to that requested by the applicant.
B) When the relevant EU institution adopts a decision rejecting the applicant
C) When the relevant EU institution remains silent for more than 2 months after having received a complaint from the applicant.

Question

Quizplus · Accepted Answer

According to Article 265 of the Treaty on the Functioning of the European Union, an applicant can bring proceedings before the Union courts against an EU institution for failure to act only after it has given the EU institution two months to reply to a complaint notifying it of its failure to act. Therefore, only option C, where the relevant EU institution remains silent for more than 2 months, would allow the applicant to bring proceedings before the Union courts. Options A and B, where the EU institution adopts a decision, would not be applicable in this case.

In Which of the Situations Set Out Below Can an Applicant