Order — ECLI:EU:C:2001:638
Date: 2001-11-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;European Agricultural Guidance and Guarantee Fund (EAGGF)
Concepts: General
Procedure: Action for annulment - inadmissible
Origin: Portugal

Summary of the Order 
Actions for annulment — Actionable measures — Acts having legal effects — Designa­
tion 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) 
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SUMMARY — CASE C-208/99 
An action for an annulment brought by a 
Member State against its designation, 
alongside the undertakings concerned, as 
addressee of Commission decisions cancel­
ling 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 concern­
ing 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 finan­
cial control and on the reduction, suspen­
sion and cancellation of assistance. 
(see paras 24-28) 
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