Keywords
Summary

Keywords

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1 . MEASURES ADOPTED BY AN INSTITUTION - APPLICATION BY AN INDIVIDUAL AGAINST A DECISION ADDRESSED TO ANOTHER PERSON - DECISION OF INDIVIDUAL CONCERN TO HIM - CRITERIA

( EEC TREATY, ARTICLE 173 )

2 . PROCEDURE - ACTION FOR FAILURE TO ACT - MEASURES REFERRED TO BY ARTICLE 173 OF THE EEC TREATY - INADMISSIBILITY

Summary

1 . THE MERE FACT THAT A MEASURE MAY EXERCISE AN INFLUENCE ON THE COMPETITIVE RELATIONSHIPS EXISTING ON A PARTICULAR MARKET CANNOT SUFFICE TO ALLOW ANY TRADER IN ANY COMPETITIVE RELATIONSHIP WHATEVER WITH THE ADDRESSEE OF THE MEASURE TO BE REGARDED AS DIRECTLY AND INDIVIDUALLY CONCERNED BY THAT MEASURE . ONLY THE EXISTENCE OF SPECIFIC CIRCUMSTANCES MAY ENABLE A PERSON SUBJECT TO COMMUNITY LAW AND CLAIMING THAT THE MEASURE AFFECTS HIS POSITION ON THE MARKET TO BRING PROCEEDINGS UNDER ARTICLE 173 .

2 . THE TREATY PROVIDES, PARTICULARLY IN ARTICLE 173, METHODS OF RECOURSE BY WHICH AN ALLEGEDLY ILLEGAL COMMUNITY MEASURE MAY BE DISPUTED AND IF NECESSARY ANNULLED ON THE APPLICATION OF A DULY QUALIFIED PARTY . THE PARTY CONCERNED WHO HAS REQUESTED THE INSTITUTION ADOPTING THE MEASURE TO REVOKE IT CANNOT IF THE INSTITUTION FAILS TO ACT, BRING SUCH AN OMISSION BEFORE THE COURT AS BEING AN ILLEGAL OMISSION TO DEAL WITH THE MATTER . SUCH PROCEEDINGS WOULD AMOUNT TO PROVIDING THOSE CONCERNED WITH A METHOD OF RECOURSE PARALLEL TO THAT OF ARTICLE 173, WHICH WOULD NOT BE SUBJECT TO THE CONDITIONS LAID DOWN BY THE TREATY .