University of Tehran Public Law Studies Quarterly 2423-8120 55 3 2025 09 23 The Responsibility of Members and Institutions of the European Union due to Inaction in the Case Law of the Court of Justice of the European Union The Responsibility of Members and Institutions of the European Union due to Inaction in the Case Law of the Court of Justice of the European Union 1505 1527 95403 10.22059/jplsq.2022.338559.3025 FA Ali Ahadi Karnagh Assistant Professor of International Law, Farabi School of Law, University of Tehran, Qom, Iran Abbasali Kadkhodaee Professor, Public and International Law Department, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Journal Article 2022 02 04 The European Union is the only international organization that has established specific rules and regulations regarding the responsibility of its members and institutions due to inaction. In this context, two types of inaction lawsuits are brought before the judicial authorities of the EU; the first type involves lawsuits against the member states of the Union, which can be further divided into two categories. The first category consists of lawsuits initiated by the European Commission against the states for inaction, while the second category includes lawsuits brought by member states against each other. The second type of inaction lawsuits is directed against the institutions of the European Union. In both types of lawsuits, the claimant must grant a deadline to the state or the Union institutions to fulfill their obligations or respond, and if there is no response, the claimant can file a lawsuit against the defendant. In lawsuits against the institutions of the European Union, unlike inaction lawsuits against the states, both natural and legal persons have the right to file inaction lawsuits against the Union institutions. After the lawsuit is filed, the European Court of Justice obliges the state or institution that has committed the inaction to fulfill its obligations. The European Union is the only international organization that has established specific rules and regulations regarding the responsibility of its members and institutions due to inaction. In this context, two types of inaction lawsuits are brought before the judicial authorities of the EU; the first type involves lawsuits against the member states of the Union, which can be further divided into two categories. The first category consists of lawsuits initiated by the European Commission against the states for inaction, while the second category includes lawsuits brought by member states against each other. The second type of inaction lawsuits is directed against the institutions of the European Union. In both types of lawsuits, the claimant must grant a deadline to the state or the Union institutions to fulfill their obligations or respond, and if there is no response, the claimant can file a lawsuit against the defendant. In lawsuits against the institutions of the European Union, unlike inaction lawsuits against the states, both natural and legal persons have the right to file inaction lawsuits against the Union institutions. After the lawsuit is filed, the European Court of Justice obliges the state or institution that has committed the inaction to fulfill its obligations. https://jplsq.ut.ac.ir/article_95403_77a1fe4095d497bf359a15d012aa9593.pdf