Keywords

Summary



Keywords

1. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision concerning certain emergency measures against bovine spongiform encephalopathy - Breeders of fighting bulls - Absence of particular situation differentiating those breeders from any other breeder or exporter

(EC Treaty. Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

2. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision concerning certain emergency measures against bovine spongiform encephalopathy - Breeders granted no procedural safeguard under the applicable Community legislation - Inadmissibility

(EC Treaty, Art. 173, fourth para.; Council Directives 89/662 and 90/425)

Summary

1. Persons other than those to whom a decision is addressed may claim to be individually concerned within the meaning of the fourth paragraph of Article 173 of the Treaty (now, after amendment, the fourth paragraph of Article 230 EC) if that decision affects their legal position by reason of certain attributes peculiar to them or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the addressee.

In that regard, the fact that the bulls which exporters breed are intended to fight at cultural and sporting events, that the export and transportation of those animals are subject to specific rules which ensure strict control of all the animals exported and that those exporters are entered in the herd books of fighting bulls does not constitute a particular situation differentiating those exporters, in respect of a Commission decision adopting emergency measures made necessary by the occurrence of bovine spongiform encephalopathy in a Member State, from any other breeder or exporter of bovine animals affected by the prohibition on dispatch laid down by that decision. That decision, inasmuch as it prohibits the dispatch of bovine animals, does not affect those exporters by reason of certain attributes peculiar to them or a factual situation which differentiates them from all other operators. It concerns them only by reason of their objective status as exporters of bovine animals, by the same token as all other operators exercising the same activity of dispatching from the Member State concerned. Thus the contested decision is addressed in general and abstract terms to indeterminate classes of persons and applies to objectively determined situations.

( see paras 37, 40-41, 43 )

2. The fact that a person intervenes, in one way or another, in the procedure leading to the adoption of a Community measure is not such as to differentiate that person from any other in respect of the measure in question except where the Community legislation applicable grants him certain procedural safeguards.

In that regard, none of the provisions of Directives 89/662 and 90/425 concerning veterinary and zootechnical checks applicable in intra-Community trade requires the Commission, in order to take the emergency measures made necessary by the occurrence of bovine spongiform encephalopathy in a Member State, to follow a procedure during which breeders or exporters of bovine animals, whether themselves or through their representatives, would have the right to be heard. Accordingly, interventions, such as sending letters or making contact, cannot confer on them standing to bring proceedings under the fourth paragraph of Article 173 of the Treaty (now, after amendment, the fourth paragraph of Article 230 EC).

( see paras 46, 48 )