Keywords
Summary

Keywords

Actions for annulment — Natural and legal persons — Measures of direct and individual concern to them — Regulations introducing specific measures in respect of imports of rice originating in the overseas countries and territories — Action brought by the Netherlands Antilles — Inadmissible — (EC Treaty, Art. 173, fourth para., (now, after amendment, Art. 230, fourth para. EC; Commission Regulations Nos 2352/97 and 2494/97)

Summary

A measure of general application such as a regulation can be of individual concern to natural and legal persons only if it affects them by reason of certain attributes peculiar to them, or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the addressee.

The Netherlands Antilles are not individually concerned by Regulation No 2352/97 introducing specific measures in respect of imports of rice originating in the overseas countries and territories (OCT) and Regulation No 2494/97 on the issuing of import licences for rice falling within CN code 1006 and originating in the overseas countries and territories under the specific measures introduced by Regulation No 2352/97.

First, the general interest which an OCT, as an entity responsible for economic and social affairs within its jurisdiction, may have in obtaining a result that is favourable for its economic prosperity is not sufficient on its own to enable it to be regarded as being concerned, or ─ a fortiori ─ individually concerned, for the purposes of the fourth paragraph of Article 173 of the Treaty, (now, after amendment, the fourth paragraph of Article 230 EC) by Regulations Nos 2352/97 and 2494/97.

Second, the finding that the Commission was required, in so far as the circumstances of the case so permitted, to take account, at the time when Regulations Nos 2352/97 and 2494/97 were adopted, of the negative effects which those regulations might have on the economy of the OCTs concerned and on the undertakings concerned does not discharge the Netherlands Antilles from the burden of proving that they were affected by those regulations by reason of a factual situation which differentiates them from all other persons. The fact that the Netherlands Antilles exported by far the most rice originating in the OCTs to the Community is not such as to distinguish them from all other OCTs. Even if the assertion that the safeguard measures laid down by Regulations Nos 2352/97 and 2494/97 were liable to have significant socio-economic consequences for the Netherlands Antilles proved to be well founded, the fact nevertheless remains that those measures will have similar consequences for the other OCTs. The economic activity of the processing of rice from third countries in the OCTs, is a commercial activity that may be carried out at any time by any economic operator in any OCT. Such economic activity is not therefore such as to differentiate the Netherlands Antilles from all other OCTs.

see paras 65, 69, 76-78, 80