The EU Court of First Instance clarifies that a failure to act refers to the failure to take a decision or to define a position, and not a failure to adopt a measure different from that desired by the persons concerned (Asia Motor France)

Case T-387/94 Asia Motor France SÂ and Others v Commission of the European Communities* 1. The Community courts have no jurisdiction to give a ruling in a direct action on the compatibility of natural or legal persons' conduct with the provisions of the Treaty. 2. Article 175 of the Treaty refers to failure to act in the sense of failure to take a decision or to define a position, and not failure to adopt a measure different from that desired or considered necessary by the persons concerned. By adopting, in order to give effect at a complainant's request to a judgment annulling a measure, a decision to replace the measure in question, the Commission defines a position, clearly and definitively, on the complainant's request. 3. A dispute relating to the conformity of an