The EU Court of Justice rejects an action for failure to act against the Commission as the undertaking did not specify the amount of damages it suffered (Automec)
Case T-64/89
Automec Srl v Commission of the European Communities*
1. The existence of the measure whose annulment is sought under Article 173 of the Treaty is an essential requirement for admissibility, the absence of which may be considered by the Court of its own motion. In particular, the fact that a measure is a preparatory measure constitutes one of the barriers to the admissibility of an action for a declaration that the measure is
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