Keywords
Summary

Keywords

Actions for annulment - Actionable measures - Acts having legal effects - Designation of a Member State, alongside the undertakings concerned, as addressee of Commission decisions cancelling financial assistance under the EAGGF - Action brought by that State against its designation - Inadmissible

(Ec Treaty, Art. 192 (now Art. 256 EC); Art. 230 EC; Council Regulations No 4253/88, Arts.23 and 24, and No 2082/93)

Summary

$$An action for an annulment brought by a Member State against its designation, alongside the undertakings concerned, as addressee of Commission decisions cancelling financial assistance under the EAGGF must in the case in point be declared manifestly inadmissible.

In order for an act of the Commission to be the subject of an action for annulment, it must be intended to have legal effects even where, in the event that it is a Member State which intends to bring such an action, those effects are not to deploy with regard to the Member State itself. In that regard, the designation of that State in those decisions clearly has no autonomous legal effect.

First, the obligations on that State concerning the enforcement of the decisions in question and appending of enforcement orders derive directly from Article 192 of the Treaty (now Article 256 EC) and those obligations are not affected by the fact that the contested decisions are addressed to that State. Secondly, the decisions do not relate to the question of the possible liability of that State or any obligations which it may have under Articles 23 and 24 of Regulation No 4253/88 laying down provisions for implementing Regulation No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments, as amended by Regulation No 2082/93, which contain rules on financial control and on the reduction, suspension and cancellation of assistance.

( see paras 24-28 )