Judgment_paragraph 37 · Lukáš Wagenknecht v European Commission (C-130/21 P)

37Furthermore, it must be borne in mind that the issue of the conditions for the admissibility of an action for a failure to act is distinct from the issue whether the act adopted by the EU institution to which the request was made, which brings its failure to act to an end, may be the subject of an action for annulment (see, to that effect, order of 16 June 2020, CJ v Court of Justice of the European Union, C‑634/19 P, not published, EU:C:2020:474, paragraph 36 and the case-law cited). Accordingly, the appellant’s argument that bringing an action under Article 263 TFEU against the Commission’s letter of 25 March 2020 is irrelevant is ineffective.