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Document 62015TO0436(01)
Order of the General Court (Eighth Chamber) of 11 March 2016.
Consorzio Vivaisti viticoli pugliesi and Negro Daniele v European Commission.
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Request to modify the form of order sought — Inadmissibility.
Case T-436/15.
Order of the General Court (Eighth Chamber) of 11 March 2016.
Consorzio Vivaisti viticoli pugliesi and Negro Daniele v European Commission.
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Request to modify the form of order sought — Inadmissibility.
Case T-436/15.
Order of the General Court (Eighth Chamber) of 11 March 2016 —
Consorzio Vivaisti viticoli pugliesi and Negro Daniele v Commission
(Case T‑436/15)
‛Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Request to modify the form of order sought — Inadmissibility’
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Judicial proceedings — Admissibility of actions — Judged by reference to the situation when the application was lodged — Decision replacing the contested decision during the proceedings — Adaptation of initial forms of order sought and pleas in law — Possibility subject to the admissibility of the initial application (Rules of Procedure of the General Court, Art. 86) (see para. 17) |
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Actions for annulment — Natural or legal persons — Meaning of ‘regulatory act’ — Any act of general scope save for legislative acts — Decision of the Commission concerning measures designed to prevent the introduction and spread in the EU of the bacterium Xylella fastidiosa — Included (Art. 263, fourth para., TFEU) (see para. 24) |
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Actions for annulment — Natural or legal persons — Regulatory acts — Acts not comprising implementing measures and concerning the applicant directly — Concept of implementing measures — Criteria — Decision of the Commission concerning measures designed to prevent the introduction and spread in the EU of the bacterium Xylella fastidiosa — Act comprising implementing measures (Art. 263, fourth para., TFEU; Commission Decision 2015/789, Art. 9 and Annex I) (see paras 26, 31, 34) |
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Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Criteria — Decision of the Commission concerning measures designed to prevent the introduction and spread in the EU of the bacterium Xylella fastidiosa — Action by a plant nursery falling within the category of operators concerned by the decision without being individualised by the application in their regard of the provisions in question — Not individually affected — Inadmissibility (Art. 263, fourth para., TFEU; Commission Decision 2015/789, Art. 9 and Annex I) (see paras 36, 38) |
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Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Action by an association promoting the general interests of a category of natural or legal persons — Admissibility — Condition — Locus standi of its members individually (Art. 263, fourth para., TFEU) (see para. 41) |
Re:
ACTION for annulment of Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ 2015 15 L 125, p. 36), in so far as the vine (Vitis) is included in Annex I to that decision and Article 9 of the latter prohibits movement within the European Union, within or out of the demarcated areas.
Operative part
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The action is dismissed. |
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Consorzio Vivaisti viticoli pugliesi and Negro Daniele are ordered to pay the costs, including those relating to the interlocutory proceedings. |