Keywords
Summary

Keywords

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Actions for annulment of measures ° Natural or legal persons ° Measures of direct and individual concern to them ° Regulation specifying definitions, including that of "financial institutions", for the application of the prohibition laid down in Article 104a of the Treaty

(EC Treaty, Arts 104a, 173, fourth para., and 189; Council Regulation No 3604/93, Art. 4(2), last indent)

Summary

An action brought by a public organization of a Member State administering a compulsory welfare and assistance scheme against Regulation No 3604/93 on the application of the prohibition laid down in Article 104a of the Treaty of privileged access by public authorities to financial institutions, the last indent of Article 4(2) of which defines the concept of "financial institutions", stating that institutions forming part of the "general government sector" are not financial institutions, is inadmissible.

That regulation is a legislative measure by nature and by virtue of its sphere of application and does not therefore constitute a decision within the meaning of Article 189 of the Treaty. It is sufficient to note in that respect that the definitions given in the regulation are framed in general and abstract terms and produce legal effects for categories of undertakings and institutions which are determined in a general and abstract way, and that a measure which deals with objective legal or factual situations defined in relation to its purpose does not lose its legislative character because the persons to which it applies were identifiable at the time it was adopted.

Nor does the situation meet the criteria which would enable the applicant to be regarded as individually concerned by the regulation, since, although it is obliged to put part of its resources at the disposal of the public treasury, its legal position is not affected by reason of circumstances in which it is differentiated from all other persons and which distinguish it individually in the same way as a person to whom a measure is addressed; it is in a situation comparable with that of any other non-financial undertaking or institution not entitled, as regards State levies on its resources, to the protection under Article 104a(1) of the Treaty, to which privileged access is or may be provided for by current or future legislation of a Member State.