Judgment_paragraph 22 · European Commission v Council of the European Union (C-196/12)

22That legal remedy is based on the premiss that unlawful inaction on the part of an institution makes it possible, particularly for other institutions, to bring an action before the Court seeking a declaration that the failure to act is contrary to the FEU Treaty. A failure to act, for the purposes of Article 265 TFEU, means a failure to take a decision or to define a position, and not the adoption of a measure different from that sought or considered necessary by the applicant (see, to that effect, inter alia, Joined Cases C-15/91 and C-108/91 Buckl and Others v Commission [1992] ECR I-6061, paragraph 17, and Case C-107/91 ENU v Commission [1993] ECR I-599, paragraph 10 and case‑law cited).