Judgment — ECLI:EU:T:1999:83
Date: 1999-04-22
Language of the case: English
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Veterinary legislation
Concepts: Applications by natural or legal persons;Statement of the grounds on which judgments are based
Procedure: Action for annulment - successful

Summary of the Judgment 
1. Actions for annulment — Natural or legal persons — Measures of direct and individual 
concern to them — Commission decision rejecting a subsidiary's application for 
inclusion of a pharmacologically active substance in the list of substances not subject to 
maximum residue limits — Action brought by the parent company — Whether 
admissible 
(EC Treaty, Art. 173, fourth para.) 
2. Procedure — Grounds of judgments — Judgment annulling a measure — Grounds 
identical to those of a previous judgment — Reference to be made to the grounds of the 
earlier judgment 
II - 1277 
SUMMARY — CASE T-l 12/97 
1. Persons other than the addressees of a 
decision are to be regarded as indivi­
dually concerned by that measure only 
if it affects them by reason of certain 
attributes which are peculiar to them, 
or by reason of factual circumstances 
which differentiate them from all other 
persons and thereby distinguish them 
individually in the same way as the 
person addressed. 
That is the position, in relation to a 
Commission decision rejecting an 
application — for the inclusion of 
Sometribove in the list of substances 
not subject to a maximum residue 
limit, set out in Annex II to Regulation 
No 2377/90 — made by a parent com­
pany which holds all the shares in its 
subsidiary (regarded as the addressee of 
the decision) and is therefore its sole 
owner, and which is thus differentiated 
from all other persons and, in particu­
lar, from all other operators in the 
market in question. 
2. Where it is common ground between 
the parties that the contested decision 
must be annulled for the same reasons 
that led the Court of First Instance to 
annul a decision in an earlier judgment, 
and there is nothing in fact or law 
which would permit a different conclu­
sion, reference must be made to the 
grounds of the earlier judgment and the 
contested decision must be annulled. 
II - 1278