Keywords
Summary

Keywords

1. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation imposing anti-dumping duties - Undertaking which has submitted observations on the Commission regulation imposing a provisional antidumping duty in the course of the same procedure - Inadmissibility

(EC Treaty, Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

2. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Holder of capital in an undertaking concerned by a Community measure - Obligation to act as a member of the undertaking

(EC Treaty, Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

Summary

1. It does not follow from the mere fact that an undertaking submitted observations on a Commission regulation imposing a provisional antidumping duty and that there are references to those observations in the Council regulation imposing the definitive antidumping duty that its action for annulment of the Council regulation must be regarded as admissible because the undertaking was involved in the preliminary investigation or impliedly identified in the contested regulation. Unless the undertaking adduces evidence of other special circumstances of such a nature as to identify it in the light of the measure in question, its mere participation in the administrative procedure after the adoption of the Commission regulation and its identification by implication in the contested regulation cannot be said in any way to have prompted the Community institutions' intervention or to have formed any part of the raison d'être of that regulation.

( see paras 47-48 )

2. A person must show a legal interest in bringing proceedings separate from that of an undertaking which he partly controls and which is concerned by a Community measure. Otherwise, in order to defend his interests in relation to that measure his only remedy lies in the exercise of his rights as a member of that undertaking which itself has a right of action.

( see para. 50 )