Keywords
Summary

Keywords

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1. Action for annulment of measures - Measures against which actions may be brought - Definition - Measures producing binding legal effects - Opinion sent by the Commission to the national bodies responsible for adopting the measures prescribed by a directive in the context of the Common Agricultural Policy

(EEC Treaty, Art. 173)

2. Action for damages - Action brought against the Commission arising from an opinion having no legal effect sent to the national authorities - Inadmissibility

(EEC Treaty, Art. 178 and Art. 215, second para.)

Summary

1. In order to ascertain whether measures challenged in an action for annulment are acts within the meaning of Article 173 of the Treaty it is necessary to look to their substance.

Only measures producing binding legal effects of such a kind as to affect the applicant' s interests by clearly altering his legal position constitute acts or decisions open to challenge by an application for annulment.

That cannot be said of an opinion expressed by the Commission on the interpretation to be given to a directive concerning protective measures against the introduction into the Member States of organisms harmful to plants or plant products where the application of the Community provisions on the subject is a matter solely for the national bodies appointed for that purpose and no provision of the directive confers on the Commission power to adopt decisions on its interpretation, so that the Commission merely has the possibility, which is always open to it, of expressing its opinion which is not binding on the national authorities.

2. An action for damages under Articles 178 and the second paragraph of Article 215 of the Treaty in which compensation is sought for the damage caused by the Commission' s wrongful adoption of a decision is inadmissible in the absence of such a decision, the Commission having been empowered only to issue a mere opinion addressed to the national authorities, not a measure producing legal effects.