State aid - Public television - Complaint - Action for failure to act - Definition of a position by the Commission - Whether aid new or existing - Request for a ruling that there is no need to adjudicate - Dispute - Compliance with an annulling judgment - Commission's obligation to make an investigation - Reasonable period.

«(State aid – Public television – Complaint – Action for failure to act – Definition of a position by the Commission – Whether aid new or existing – Request for a ruling that there is no need to adjudicate – Dispute – Compliance with an annulling judgment – Commission's obligation to make an investigation – Reasonable period)» Summary of the Judgment 1.. Action for failure to act – Failure remedied after commencement of proceedings – Subject-matter of the action ceasing to exist – No need to adjudicate (Arts 226 EC, 232 EC and 233 EC) 2.. Action for failure to act – Scope ratione materiae – Dispute relating to the extent of the obligation to give effect to an annulling judgment – Included (Arts 232 EC and 233 EC) 3.. Action for failure to act – Institution must be called on to act – Definition of position within the meaning of the second paragraph of Article 232 EC – Concept (Arts 230 EC and 232, second para., EC) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber, Extended Composition)19 February 2004 (1) ((State aid – Public television – Complaint – Action for failure to act – Definition of a position by the Commission – Whether aid new or existing – Request for a ruling that there is no need to adjudicate – Dispute – Compliance with an annulling judgment – Commission's obligation to make an investigation – Reasonable period)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber, Extended Composition), having regard to the written procedure and further to the hearing on 13 February 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber, Extended Composition) Tiili Pirrung Mengozzi Meij Vilaras H. Jung V. Tiili Registrar President 1 – Language of the case: Portuguese.