Keywords
Summary

Keywords

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1 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - DECISION - CONCEPT

( EEC TREATY, ARTICLE 189; CF . SUMMARY OF JUDGMENT IN JOINED CASES 16 AND 17/62, REC . 1962 )

2 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - PROCEEDINGS BY INDIVIDUALS AGAINST A DECISION ADDRESSED 'TO ANOTHER PERSON' - SCOPE OF THAT EXPRESSION - BROAD INTERPRETATION

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 )

3 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - RIGHT OF ACTION OF INTERESTED PARTIES - NON-RESTRICTIVE INTERPRETATION OF THE PROVISIONS OF THE TREATY

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 ) 4 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - PROCEEDINGS BY INDIVIDUALS AGAINST A DECISION ADDRESSED 'TO ANOTHER PERSON' - DECISION OF INDIVIDUAL CONCERN TO THEM

( EEC TREATY, SECOND PARAGRAPH OF ARTICLE 173 )

5 . PROCEDURE - REQUEST FOR DECLARATION WITH REGARD TO POSSIBLE FUTURE DAMAGE FORMULATED IN THE APPLICATION - ACTION FOR COMPENSATION FORMULATED IN THE REPLY - ADMISSIBILITY OF THIS ACTION, CONSIDERED AS AN AMPLIFICATION OF THE REQUEST FOR DECLARATION WITH REGARD TO DAMAGE

( RULES OF PROCEDURE, ARTICLE 38 ( 1)(D )

6 . MEASURES ADOPTED BY INSTITUTIONS OF THE COMMUNITY - MEASURE NOT ANNULLED - LACK OF BASIS FOR AN APPLICATION FOR COMPENSATION NULLIFYING THE LEGAL EFFECTS OF THAT MEASURE

Summary

1 . A MEASURE MUST BE CONSIDERED AS A DECISION IF IT REFERS TO A PARTICULAR PERSON AND BINDS THAT PERSON ALONE .

2 . THE WORDS AND THE NATURAL MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY WHICH ALLOWS AN INDIVIDUAL TO INSTITUTE PROCEEDINGS AGAINST DECISIONS ADDRESSED TO ANOTHER PERSON WHICH ARE OF DIRECT AND INDIVIDUAL CONCERN TO THE FORMER JUSTIFY THE BROADEST INTERPRETATION .

3 . THE PROVISIONS OF THE TREATY REGARDING THE RIGHT OF ACTION OF INTERESTED PARTIES MUST NOT BE INTERPRETED RESTRICTIVELY; WHERE THE TREATY IS SILENT A LIMITATION IN THIS RESPECT MAY NOT BE PRESUMED .

4 . PERSONS OTHER THAN THOSE TO WHOM A DECISION IS ADDRESSED MAY ONLY CLAIM TO BE INDIVIDUALLY CONCERNED IF THAT DECISION AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS, AND BY VIRTUE OF THESE FACTORS DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

5 . IF AN APPLICANT INCLUDES IN HIS APPLICATION A REQUEST FOR A DECLARATION WITH REGARD TO THE DAMAGE WHICH MAY RESULT FROM THE CONTESTED MEASURE AND SPECIFIES IN THE COURSE OF THE WRITTEN AND ORAL PROCEDURES THE SUBJECT MATTER OF THAT REQUEST AND SETS A VALUE ON THE AMOUNT OF THE DAMAGE, THE CONCLUSIONS OF AN APPLICATION FOR COMPENSATION FORMULATED IN THE REPLY MAY BE CONSIDERED AS AN AMPLIFICATION OF THOSE CONTAINED IN THE APPLICATION AND THEREFORE AS ADMISSIBLE UNDER ARTICLE 38 ( 1 ) ( D ) OF THE RULES OF PROCEDURE .

6 . AN ADMINISTRATIVE MEASURE WHICH HAS NOT BEEN ANNULLED CANNOT OF ITSELF CONSTITUTE A WRONGFUL ACT ON THE PART OF THE ADMINISTRATION INFLICTING DAMAGE UPON THOSE WHOM IT AFFECTS . THE LATTER CANNOT THEREFORE CLAIM DAMAGES BY REASON OF THAT MEASURE .