ECLI:EU:T:2003:248

«(Articles 296 EC and 298 EC – State aid granted to an arms production undertaking – Complaint – Action for declaration of failure to act – Inadmissibility)» Summary of the Judgment 1.. General and final provisions – Powers of the Member States to adopt measures intended to ensure national security – Production and trade in armaments – Distortion of competition on the market for products not intended for specifically military purposes – Specific procedural regime established by Article 298 EC – Powers of the Commission – Limits (Arts 86(3) EC, 88 EC, 296(1)(b) EC and 298 EC) 2.. Actions for failure to act – Failure to act brought to an end before action brought – Inadmissible (Arts 232 EC and 233, first para., EC) JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber, Extended Composition)30 September 2003 (1) ((Articles 296 EC and 298 EC – State aid granted to an arms production undertaking – Complaint – Action for declaration of failure to act – Inadmissibility)) applicant, v defendant, intervener, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber, Extended Composition), having regard to the written procedure and further to the hearing on 4 June 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Third Chamber, Extended Composition) Lenaerts Lindh Azizi Cooke Jaeger H. Jung K. Lenaerts Registrar President 1 – Language of the case: Italian.