Keywords
Summary

Keywords

1 . APPLICATION FOR A DECLARATION OF NULLITY - NATURAL AND LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION ADDRESSED TO MEMBER STATES AUTHORIZING THEM NOT TO APPLY COMMUNITY TREATMENT TO CERTAIN PRODUCTS - DECISION NOT OF INDIVIDUAL CONCERN TO THE ONLY IMPORTER OF THE PRODUCTS IN QUESTION

( EEC TREATY , ART . 173 , SECOND PARA .)

2 . MEASURES ADOPTED BY THE INSTITUTIONS - LEGAL NATURE - REGULATION OR DECISION - DISTINCTION - CRITERIA

( EEC TREATY , ARTS 173 , SECOND PARA ., AND 189 )

Summary

1 . THIRD PARTIES CANNOT BE INDIVIDUALLY CONCERNED BY A DECISION ADDRESSED TO ANOTHER PERSON UNLESS IT AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS AND UNLESS BY VIRTUE OF THOSE FACTORS IT DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .

A DECISION ADDRESSED TO CERTAIN MEMBER STATES WITH THE PURPOSE OF AUTHORIZING THEM NOT TO APPLY COMMUNITY TREATMENT FOR A FIXED PERIOD TO IMPORTS OF PRODUCTS ORIGINATING IN A NON-MEMBER COUNTRY AND IN FREE CIRCULATION IN THE OTHER MEMBER STATES IS NOT OF INDIVIDUAL CONCERN TO THE ONLY IMPORTER OF THE PRODUCTS IN QUESTION ESTABLISHED IN THE MEMBER STATES TO WHICH THE DECISION IS ADDRESSED SINCE IT CONCERNS THE IMPORTER MERELY BY VIRTUE OF HIS OBJECTIVE STATUS AS AN IMPORTER IN THE SAME MANNER AS ANY OTHER TRADER WHO IS , OR MIGHT BE IN THE FUTURE , IN THE SAME SITUATION . WITH REGARD TO IMPORTERS SUCH A DECISION IS THEREFORE A MEASURE OF GENERAL APPLICATION COVERING SITUATIONS WHICH ARE DETERMINED OBJECTIVELY AND IT ENTAILS LEGAL EFFECTS FOR CATEGORIES OF PERSONS ENVISAGED IN A GENERAL AND ABSTRACT MANNER .

2 . A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT SUCH APPLICATION TAKES EFFECT BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN RELATION TO ITS PURPOSE .