Hamborner Bergbau Ag and Others v ECSC High Authority: ECJ 16 Dec 1960

ECJ Judgment – Procedure – action for failure to act – amendment of legal basis of an application – inadmissibility (ECSC treaty, article 35 ) when the matter was raised with the high authority within the meaning of article 35 it was asked to take a decision concerning the applicant’s request on the basis of a specific legal ground . Since the implied decision of refusal was taken within the context of this claim and of the legal ground pleaded, an action brought against the implied decision of refusal which puts forward a different claim based on a different ground is inadmissible .


C-41/59, [1960] EUECJ C-41/59




Updated: 20 May 2022; Ref: scu.131614