Keywords
Summary

Keywords

1 . APPLICATION FOR ANNULMENT - ADMISSIBILITY - NATURAL OR LEGAL PERSONS - ACT OF DIRECT AND INDIVIDUAL CONCERN TO THEM - DECISION ADDRESSED TO THE MEMBER STATES - OBJECT

( EEC TREATY , ART . 173 , SECOND PARAGRAPH ; COMMISSION DECISION NO 78/258 )

2 . ACTS OF AN INSTITUTION - NOTICES OF INVITATIONS TO TENDER FOR FROZEN BEEF HELD BY THE INTERVENTION AGENCIES - LEGAL NATURE

3 . PROCEDURE - PLEA OF ILLEGALITY - ACTS WHICH MAY BE CHALLENGED ON THE GROUND OF THEIR ILLEGALITY

( EEC TREATY , ART . 184 )

4 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - BEEF AND VEAL - FROZEN MEAT - IMPORTATION UNDER TOTAL SUSPENSION OF THE LEVY - ' ' LINKING ' ' SYSTEM - BENEFICIARIES - ENLARGEMENT BY THE COMMISSION OF THE CATEGORY OF PERSONS ABLE TO TAKE ADVANTAGE OF THE SYSTEM - ILLEGALITY

( REGULATION NO 805/68 OF THE COUNCIL , ART . 14 AS AMENDED BY COUNCIL REGULATION NO 425/77 ; COMMISSION REGULATION NO 585/77 , ART . 11A ADDED BY COMMISSION REGULATION NO 2901/77 )

5 . INVITATIONS TO TENDER - PROCEDURE - GUARANTEES OF OBJECTIVITY - ANONYMITY - LIMITS

Summary

1 . A DECISION TAKEN BY THE COMMISSION AFTER THE NATIONAL INTERVENTION AGENCIES HAD FORWARDED TO IT THE TENDERS WHICH THE LATTER HAD RECEIVED IN THE CONTEXT OF PERIODIC INVITATIONS TO TENDER FOR THE SALE OF FROZEN BEEF HELD BY THE INTERVENTION AGENCIES IS OF DIRECT AND INDIVIDUAL CONCERN , WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY , TO ALL THE TENDERERS . ALTHOUGH SUCH A DECISION , THE AIM OF WHICH IS TO FIX THE MINIMUM SELLING PRICES APPLICABLE IN THE DIFFERENT MEMBER STATES , IS IN FACT ADDRESSED TO THE MEMBER STATES AND THROUGH THEM TO THE INTERVENTION AGENCIES IT DIRECTLY DETERMINES THE FATE , BE IT FAVOURABLE OR UNFAVOURABLE , OF EACH OF THE TENDERS SUBMITTED IN THE CONTEXT OF AN INVITATION TO TENDER .

2 . NOTICES OF PERIODIC INVITATIONS TO TENDER FOR THE SALE OF FROZEN BEEF HELD BY THE INTERVENTION AGENCIES ARE GENERAL ACTS WHICH DETERMINE IN ADVANCE AND OBJECTIVELY THE RIGHTS AND OBLIGATIONS OF THE TRADERS WHO WISH TO PARTICIPATE IN THE INVITATIONS TO TENDER WHICH THESE NOTICES MAKE PUBLIC .

3 . ARTICLE 184 OF THE EEC TREATY GIVES EXPRESSION TO A GENERAL PRINCIPLE CONFERRING UPON ANY PARTY TO PROCEEDINGS THE RIGHT TO CHALLENGE , FOR THE PURPOSE OF OBTAINING THE ANNULMENT OF A DECISION OF DIRECT AND INDIVIDUAL CONCERN TO THAT PARTY , THE VALIDITY OF PREVIOUS ACTS OF THE INSTITUTIONS WHICH FORM THE LEGAL BASIS OF THE DECISION WHICH IS BEING ATTACKED , IF THAT PARTY WAS NOT ENTITLED UNDER ARTICLE 173 OF THE TREATY TO BRING A DIRECT ACTION CHALLENGING THOSE ACTS BY WHICH IT WAS THUS AFFECTED WITHOUT HAVING BEEN IN A POSITION TO ASK THAT THEY BE DECLARED VOID . THE FIELD OF APPLICATION OF THE SAID ARTICLE MUST THEREFORE INCLUDE ACTS OF THE INSTITUTIONS WHICH , ALTHOUGH THEY ARE NOT IN THE FORM OF A REGULATION , NEVERTHELESS PRODUCE SIMILAR EFFECTS AND ON THOSE GROUNDS MAY NOT BE CHALLENGED UNDER ARTICLE 173 BY NATURAL OR LEGAL PERSONS OTHER THAN COMMUNITY INSTITUTIONS AND MEMBER STATES .

4 . UNDER THE ' ' LINKING ' ' SYSTEM PROVIDED FOR BY ARTICLE 14 ( 3 ) ( B ) OF THE BASIC REGULATION NO 805/68 OF THE COUNCIL AS AMENDED BY COUNCIL REGULATION NO 425/77 THE BENEFIT OF THE TOTAL SUSPENSION OF THE LEVY ON FROZEN BEEF IMPORTED FROM NON-MEMBER COUNTRIES MUST BE RESERVED FOR THE BENEFICIARIES DEFINED BY THE SAID REGULATION , NAMELY THE PROCESSING INDUSTRY . THEREFORE COMMISSION REGULATION NO 2901/77 IS INCONSISTENT WITH THE OBJECTIVE OF THE NEW ARTICLE 14 OF THE BASIC REGULATION IN THAT IT GIVES PERSONS OR UNDERTAKINGS UNCONNECTED WITH THE SECTOR OF INDUSTRY FOR WHICH THE BENEFIT OF THE TOTAL SUSPENSION OF THE LEVY WAS TO BE RESERVED THE RIGHT TO TAKE ADVANTAGE OF THIS SPECIAL IMPORT SYSTEM .

5 . ALTHOUGH IT IS TRUE THAT MAINTAINING ANONYMITY IS A PRECAUTION , TAKEN UNDER NATIONAL AS WELL AS COMMUNITY LAW , IN CERTAIN KINDS OF INVITATIONS TO TENDER AND ESPECIALLY IN THOSE WHICH INVOLVE THE EXERCISE OF A DISCRETION IN RELATION TO INDIVIDUAL TENDERS , SUCH A PRECAUTION SEEMS TO BE UNNECESSARY IN THE CONTEXT OF AN INVITATION TO TENDER FOR THE SALE OF FROZEN BEEF HELD BY THE INTERVENTION AGENCIES , THE OUTCOME OF WHICH IS DECIDED WITH REFERENCE TO A PRICE FIXED BY THE COMMISSION AFTER AN EVALUATION OF ALL THE TENDERS RECEIVED , TAKING INTO ACCOUNT THE NEED FOR A FAIR APPORTIONMENT OF THE AGGREGATE QUANTITY AMONG THE UNDERTAKINGS OF THE DIFFERENT REGIONS OF THE COMMUNITY . THIS MUST BE MORE ESPECIALLY THE CASE IN THESE PROCEEDINGS AS THE IDENTIFICATION OF THE TENDERS BY NAME IS ESSENTIAL IN ORDER TO PREVENT THE SAME PERSON SUBMITTING TWO OR MORE TENDERS .