Keywords
Summary

Keywords

1 . APPLICATION FOR ANNULMENT - TIME-LIMITS - TIME AT WHICH THE PERIOD FIXED BEGINS TO RUN - NOTIFICATION OF THE CONTESTED MEASURE - CONCEPT

( EEC TREATY , ART . 173 , THIRD PARAGRAPH ; RULES OF PROCEDURE , ART . 18 ( 1 ))

2 . APPLICATION FOR ANNULMENT - LEGAL INTEREST IN TAKING PROCEEDINGS - IMPOSSIBILITY OF IMPLEMENTING THE JUDGMENT ANNULLING THE MEASURE - NO EFFECT - BASIS OF A POSSIBLE ACTION FOR DAMAGES

( EEC TREATY , ARTS . 173 , 176 )

Summary

1 . IT IS IMPOSSIBLE TO CONSIDER AS ' ' NOTIFICATION ' ' FOR THE PURPOSES OF ARTICLE 81 ( 1 ) OF THE RULES OF PROCEDURE THE COMMUNICATION TO THE UNDERTAKING CONCERNED BY A NATIONAL INTERVENTION AGENCY OF THE EXISTENCE OF A COMMUNITY MEASURE IF SUCH COMMUNICATION DOES NOT CONTAIN ANY DETAILS ENABLING THE UNDERTAKING TO IDENTIFY THE DECISION TAKEN AND TO ASCERTAIN ITS PRECISE CONTENT IN SUCH A WAY AS TO ENABLE IT TO EXERCISE ITS RIGHT TO INSTITUTE PROCEEDINGS .

2 . AN APPLICATION FOR ANNULMENT IS NOT INADMISSIBLE FOR WANT OF A LEGAL INTEREST ON THE SOLE GROUND THAT IF THE CONTESTED MEASURE WERE ANNULLED THE INSTITUTION WHOSE ACT WAS DECLARED VOID WOULD BE UNABLE HAVING REGARD TO THE CIRCUMSTANCES TO FULFIL ITS OBLIGATION UNDER THE FIRST PARAGRAPH OF ARTICLE 176 OF THE EEC TREATY . IN SUCH A CASE THE APPLICATION STILL CONSTITUTES A LEGAL INTEREST AT LEAST AS THE BASIS FOR POSSIBLE PROCEEDINGS FOR DAMAGES .