Keywords
Summary

Keywords

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1 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION BY NATURAL AND LEGAL PERSONS AGAINST EEC REGULATIONS - ADMISSIBILITY

( EEC TREATY, ARTICLE 173 )

2 . PROCEDURE - APPLICATION FOR ANNULMENT - DECISION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY - CONCEPT

( EEC TREATY, ARTICLES 173 AND 189 )

3 . ADMINISTRATIVE MEASURES - MEASURES OF THE INSTITUTIONS OF THE EEC - DECISION AND REGULATION - DISTINCTION - CRITERIA

( EEC TREATY, ARTICLE 189 )

4 . ADMINISTRATIVE MEASURES - NATURE - CRITERIA

( EEC TREATY, ARTICLES 173 AND 189 )

5 . PROCEDURE - APPLICATION FOR ANNULMENT - APPLICATION BY NATURAL AND LEGAL PERSONS - REGULATIONS - PROVISIONS HAVING THE NATURE OF A DECISION - ADMISSIBILITY

( EEC TREATY, ARTICLE 173 )

6 . PROCEDURE - APPLICATION FOR ANNULMENT - EEC ACTS - PERSONS INDIVIDUALLY CONCERNED - MEASURES AFFECTING THE GENERAL INTERESTS OF A CATEGORY OF NATURAL OR LEGAL PERSONS - ASSOCIATION REPRESENTING THAT CATEGORY

( EEC TREATY, ARTICLE 173 )

Summary

1 . NATURAL AND LEGAL PRSONS OTHER THAN MEMBER STATES ARE NOT ENTITLED TO MAKE AN APPLICATION FOR ANNULMENT OF REGULATIONS ADOPTED BY THE COUNCIL OR THE COMMISSION .

2 . THE TERM 'DECISION' USED IN ARTICLE 173 HAS THE TECHNICAL MEANING EMPLOYED IN ARTICLE 189, WHICH IN PARTICULAR MAKES A CLEAR DISTINCTION BETWEEN THE CONCEPT OF A 'DECISION' AND THAT OF A 'REGULATION '.

3 . THE CRITERION FOR THE DISTINCTION BETWEEN THE TERMS 'DECISION' AND 'REGULATION' SHOULD BE SOUGHT IN THE GENERAL 'APPLICATION' OR OTHERWISE OF THE MEASURE IN QUESTION .

A DECISION IS OF INDIVIDUAL CONCERN TO SPECIFIC INDIVIDUALS; ITS ESSENTIAL CHARACTERISTICS ARISE FROM THE RESTRICTION OF THE CLASS OF PERSONS TO WHOM IT IS ADDRESSED .

A REGULATION, BEING ESSENTIALLY OF A LEGISLATIVE NATURE, IS NOT ADDRESSED TO A RESTRICTED NUMBER OF PERSONS, DEFINED OR IDENTIFIABLE, BUT APPLIES TO OBJECTIVELY DETERMINED SITUATIONS . IT INVOLVES IMMEDIATE LEGAL CONSEQUENCES IN ALL MEMBER STATES FOR CATEGORIES OF PERSONS VIEWED IN A GENERAL AND ABSTRACT MANNER .

4 . THE DETERMINATION OF THE LEGAL NATURE OF A MEASURE EMANATING FROM THE COUNCIL OR THE COMMISSION DOES NOT DEPEND ONLY ON ITS OFFICIAL DESIGNATION, BUT SHOULD FIRST TAKE INTO ACCOUNT ITS OBJECT AND CONTENT .

5 . WHEN A MEASURE, WHICH AS A WHOLE CONSTITUTES A REGULATION, INCLUDES PROVISIONS WHICH ARE CAPABLE OF BEING OF DIRECT AND INDIVIDUAL CONCERN TO CERTAIN NATURAL OR LEGAL PERSONS, SUCH PROVISIONS DO NOT HAVE THE CHARACTER OF A REGULATION AND MAY THEREFORE BE IMPUGNED BY THOSE CONCERNED .

6 . AN ASSOCIATION WHICH REPRESENTS A CATEGORY OF NATURAL OR LEGAL PERSONS IS NOT CONCERNED INDIVIDUALLY BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THE PERSONS IN THAT CATEGORY .