Judgment — ECLI:EU:T:2000:302
Date: 2000-12-13
Language of the case: French
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services
Concepts: Applications by natural or legal persons
Procedure: Action for annulment - inadmissible
Origin: Denmark

Summary of the Judgment 
Actions for annulment — Natural or legal persons — Measures of direct and individual 
concern to them — Whether directly affected — Criteria — Commission decision 
pronouncing ex post facto on the compatibility with Community law of a national 
measure — Not directly affected 
(EC Treaty, Art. 173, fourth para, (noiv, after amendment, Art. 230 EC, fourth para.)) 
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SUMMARY — CASE T-69/99 
For an individual applicant to be directly 
concerned, for the purposes of the fourth 
paragraph of Article 173 of the Treaty 
(now, after amendment, the fourth para­
graph of Article 230 EC), by a Community 
measure, that measure must directly affect 
the legal situation of the person concerned 
and its implementation must be purely 
automatic and result from Community 
rules alone without the application of other 
intermediate rules. 
That is not true of a Commission decision 
limited merely to pronouncing ex post facto 
on the compatibility with Community law 
of a national measure which was adopted, 
independently, by a Member State in the 
exercise of its discretionary power. 
(see paras 24, 27) 
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