Actions for failure to act : Under Article 232 of the Consolidated Treaty Establishing the European Community, the Court of Justice and the Court of First Instance may also review the legality of a failure to act on the part of a Community institution. However, such an action may be brought only after the institution has been called on to act. Where the failure to act is held to be unlawful, it is for the institution concerned to put an end to the failure by appropriate measures.
Actions for failure to fulfil obligations : Under Article 226 of the Consolidated Treaty Establishing the European Community, the Court of Justice may determine whether a Member State has fulfilled its obligations under Community law. The commencement of proceedings before the Court of Justice is preceded by a preliminary procedure conducted by the Commission, which gives the Member State the opportunity to reply to the complaints against it. If that procedure does not result in termination of the failure by the Member State, an action for breach of Community law may be brought before the Court of Justice. That action may be brought by the Commission – as is practically always the case – or by another Member State,although the cases of the latter kind remain extremely rare.If the Court finds that an obligation has not been fulfilled, the Member State concerned must terminate the breach without delay. If, after new proceedings are initiated by the Commission, the Court of Justice finds that the Member State concerned has not complied with its judgement, it may, upon the request of the Commission, impose on the Member State a fixed or a periodic financial penalty.
Actions for annulment : By an action for annulment under Article 230 of the Consolidated Treaty Establishing the European Community, the applicant seeks the annulment of a measure (regulation, directive or decision) adopted by an institution. The Court of Justice has exclusive jurisdiction over actions brought by a Member State against the European Parliament and/or against the Council (apart from Council measures in respect of State aid, dumping and implementing powers) or brought by one Community institution against another. The Court of First Instance has jurisdiction, at first instance, in all other actions of this type and particularly in actions brought by individuals. The Court of Justice has the power to declare measures void under Article 231 of the Maastricht Treaty.
Under Article 235 of the Consolidated Treaty Establishing the European Community (and with reference to Article 288), the Court of Justice hears claims for compensation based on non-contractual liability, and rules on the liability of the Community for damage to citizens and to undertakings caused by its institutions or servants in the performance of their duties.
Under Article 225 of the Consolidated Treaty Establishing the European Community, appeals on judgements given by the Court of First Instance may be heard by the Court of Justice only if the appeal is on a point of law. If the appeal is admissible and well founded, the Court of Justice sets aside the judgement of the Court of First Instance. Where the state of the proceedings so permits, the Court may itself decide the case. Otherwise, the Court must refer the case back to the Court of First Instance, which is bound by the decision given on appeal.