39However, the wording of an action for failure to act and of the formal notice must not be identical. In bringing such an action, the applicant cannot ask the Court to order the Commission to adopt the omitted measure, but only to declare, if appropriate, that, by not adopting the measures requested, it has infringed its obligations (see, to that effect, judgment of 8 June 2000, Camar and Tico v Commission and Council, T‑79/96, T‑260/97 and T‑117/98, EU:T:2000:147, paragraph 67). Therefore, by its nature, that action does not require the applicant, in formulating the form of order sought before the Court, to use the same wording as that in the formal notice sent to the Commission.
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