Keywords
Summary

Keywords

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1. Actions for annulment of measures ° Actionable measures ° Concept ° Measures capable of affecting a given legal position ° Action brought solely against the statement of reasons on which a measure is based ° Inadmissibility

(EEC Treaty, Art. 173)

2. Actions for annulment of measures ° Actionable measures ° Decision to grant negative clearance under the competition rules ° Action by the beneficiary ° Inadmissibility ° Application by a third party showing a legal interest in bringing proceedings ° Admissibility

(EEC Treaty, Arts 85, 86 and 173; Regulation No 17 of the Council, Art. 2)

3. Actions for annulment of measures ° Legal interest in bringing proceedings ° Need to show a vested and present interest

(EEC Treaty, Art. 173)

Summary

1. The proceedings provided for in Article 173 of the Treaty may be instituted only against an act adversely affecting a person' s interests, in other words against an act capable of affecting a given legal position.

Only the operative part of such an act is capable of producing legal effects and, as a consequence, of adversely affecting such interests. On the other hand the assessments made in the recitals thereto are not in themselves capable of forming the subject of an application for annulment and their legality might be open to review by the Community judicature only to the extent to which they constituted the necessary support for the operative part.

2. A decision to grant negative clearance pursuant to Article 2 of Regulation No 17 at the request of the undertakings and associations of undertakings concerned in which the Commission states that, on the basis of the facts known to it there are no grounds for it to take action under Article 85 or 86 of the Treaty satisfies the applicant and, by its very nature, can neither change his legal position nor adversely affect his interests. By contrast, the granting of negative clearance may prejudice the economic interests of a third party who, if he demonstrates sufficient legal interest, is entitled to institute proceedings for annulment before the Court of First Instance in accordance with the conditions set out in Article 173 of the Treaty.

3. An applicant who claims an interest concerning a future legal situation but without being able to demonstrate that the prejudice to that situation is already certain or who relies on a possible change in circumstances which, if it materialized, would not deprive him of the possibility of asserting his rights does not show a vested and present interest, which is a necessary condition for the admissibility of his action for annulment.