Keywords
Summary

Keywords

1 . APPLICATION FOR A DECLARATION OF NULLITY - APPLICATION IN RESPECT OF A MEASURE RELATING SIMULTANEOUSLY AND INDIVISIBLY TO THE SPHERES OF MORE THAN ONE TREATY - ADMISSIBILITY WITH REGARD TO ONE OF THOSE TREATIES - SUFFICIENT REQUIREMENT

( ECSC TREATY , ART . 33 , EEC TREATY , ART . 173 , EURATOM TREATY , ART . 146 )

2.APPLICATION FOR A DECLARATION OF NULLITY - APPLICATION BASED ON ARTICLE 33 OF THE ECSC TREATY - APPLICATION MADE BY A LOCAL AUTHORITY - NOT ADMISSIBLE

( ECSC TREATY , ART . 33 )

3.APPLICATION FOR A DECLARATION OF NULLITY - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION ADDRESSED TO A MEMBER STATE AND REQUIRING , IN RETURN FOR THE RIGHT TO GRANT AIDS , THE ADOPTION OF MEASURES TO REDUCE PRODUCTION CAPACITY IN AN INDUSTRIAL SECTOR - DECISION NOT OF DIRECT AND INDIVIDUAL CONCERN TO THE MUNICIPALITIES IN WHICH THE FACTORIES OF THE UNDERTAKING AFFECTED ARE LOCATED

( EEC TREATY , ART . 173 ( 2 )

Summary

1 . AN APPLICATION FOR A DECLARATION OF NULLITY IN RESPECT OF A MEASURE ADOPTED BY AN INSTITUTION AND RELATING SIMULTANEOUSLY AND INDIVISIBLY TO THE SPHERES OF MORE THAN ONE TREATY IS ADMISSIBLE TO THE EXTENT TO WHICH THE JURISDICTION OF THE COURT AND THE REMEDIES PROVIDED FOR BY THE RELEVANT PROVISIONS OF ONE OF THE TREATIES ARE APPLICABLE TO THE MEASURE IN QUESTION .

2.SINCE LOCAL AUTHORITIES ARE NOT REFERRED TO IN ARTICLE 33 OF THE ECSC TREATY , WHICH PROVIDES AN EXCLUSIVE ENUMERATION OF THE PERSONS ENTITLED TO BRING AN ACTION FOR A DECLARATION THAT A MEASURE IS VOID , SUCH AUTHORITIES MAY NOT VALIDLY INSTITUTE SUCH PROCEEDINGS .

3.A COMMISSION DECISION ADDRESSED TO A MEMBER STATE AND REQUIRING , IN RETURN FOR THE RIGHT TO GRANT AIDS , THE ADOPTION OF MEASURES TO REDUCE PRODUCTION CAPACITY IN AN INDUSTRIAL SECTOR , WHILST IT LEAVES A MARGIN OF DISCRETION WITH REGARD TO THE MANNER OF ITS IMPLEMENTATION AND IN PARTICULAR WITH REGARD TO THE CHOICE OF THE FACTORIES TO BE CLOSED , CANNOT BE REGARDED AS BEING OF DIRECT AND INDIVIDUAL CONCERN TO THE MUNICIPALITIES WITH WHICH THE UNDERTAKINGS AFFECTED , BY VIRTUE OF THE LOCATION OF THEIR FACTORIES , ARE CONNECTED .