47It should be recalled that, according to the second paragraph of Article 265 TFEU, an action for failure to act is admissible only if the institution, body, office or agency concerned has first been called upon to act. If, within two months of being so called upon, the institution, body, office or agency concerned has not defined its position, the action may be brought within a further period of two months. Thus, an action for failure to act can be brought only if the institution, body, office or agency concerned has been ‘called upon to act’ and provided that that institution, body, office or agency has not ‘defined its position’ within a certain period. The requirement for the appellant to first call upon the institution, body, office or agency is a necessary requirement, not only because it constitutes the starting point for the time limits set for the person concerned, but also because it forces that institution, body, office or agency to define its position within a limited period regarding the legality or otherwise of its inaction (see, to that effect, judgment of 4 February 1959, De Gezamenlijke Steenkolmijnen in Limburg v High Authority, 17/57, EU:C:1959:3, p. 8).
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