The EU Court of Justice states that mere silence on the part of an institution cannot produce such effects unless express provision is made by Community law for it to do so (Service pour le Groupement d’Acquisitions)

Joined Cases T-189/95, T-39/96 and T-123/96 Service pour le Groupement d'Acquisitions (SGA) ν Commission of the European Communities* 1. The acts or decisions against which an action for annulment may be brought under Article 173 of the EC Treaty (now, after amendment, Article 230 EC) are those measures which produce binding legal effects capable of affecting the applicant's interests by bringing about a significant change in his legal position. Mere silence on the part of an institution cannot produce such effects unless express provision is made by Community law for it to do so. Where there are no such express provisions laying down a deadline by which an implied decision is deemed to have been taken and prescribing the tenor of the decision, an institution's inaction cannot be