APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - MEASURES WHICH CONCERN THEM DIRECTLY AND INDIVIDUALLY - COMMISSION DECISION TO THE EFFECT THAT AID PLANNED IS INCOMPATIBLE WITH THE COMMON MARKET - APPLICATION TO THE COURT BY A STATE-CONTROLLED BODY CHARGED WITH ALLOCATING THE PLANNED AID - NOT ADMISSIBLE
( EEC TREATY , ART . 173 , SECOND PARAGRAPH )
A BODY CREATED BY DECISION OF THE STATE AUTHORITIES , SUBJECT TO THEIR CONTROL AND CHARGED WITH ALLOCATING AID , IS NOT DIRECTLY AND INDIVIDUALLY CONCERNED , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY , BY A COMMISSION DECISION TO THE EFFECT THAT A PLAN TO PROVIDE AID , NOTIFIED TO IT BY A MEMBER STATE , IS INCOMPATIBLE WITH THE COMMON MARKET . SUCH A BODY CANNOT RELY ON ITS OWN INTEREST , SEPARATE FROM THAT OF THE STATE , IN THE AID PLANNED IN ORDER TO HAVE THE DECISION DECLARED VOID ; NOR CAN IT BRING AN ACTION IN ITS CAPACITY AS COLLECTIVE REPRESENTATIVE OF THE TRADERS CONCERNED IF THE AID PLAN NOTIFIED DOES NOT IDENTIFY THE FUTURE BENEFICIARIES OF THE AID .