Action for Failure to Act

An action for failure to act under EU law is a legal procedure that allows individuals, companies, Member States, or EU institutions to challenge the unlawful inaction of an EU institution, body, office, or agency. It is governed by Article 265 of the Treaty on the Functioning of the European Union (TFEU).

Its purpose is to force an EU institution or body to take action when it is legally required to do so but fails to act. It applies when an EU institution has a legal obligation (under the Treaties or secondary legislation) to – for example – make a decision, adopt a regulation, or take other formal action and, nevertheless, the institution fails to act.

Before bringing a court action, the party must formally call upon the institution to act as a mandatory preliminary step. If the institution does not define its position within a waiting period of two months, the applicant can file an action for failure to act before the General Court of the European Union. If the Court finds a failure to act, it declares so. The institution is then required to act to comply with the judgment.

An action for failure to act enforces institutional accountability ensuring that EU institutions and bodies fulfil their duties. Thereby, it protects individual and Member State rights under EU law and supports the proper functioning of the EU legal order by preventing administrative paralysis.

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