Keywords

Summary



Keywords

1. Acts of the institutions - Legal nature - Regulation or decision - Distinction - Criteria

(EC Treaty, Arts 173, fourth para. (now, after amendment, Art. 230, fourth para., EC),and 189 (now Art. 249 EC))

2. Actions for annulment - Action challenging a decision confirming a decision not challenged within the time-limit - Inadmissibility - Concept of confirmatory decision

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

3. Plea of illegality - Collateral nature - Main claim inadmissible - Inadmissibility of the plea

(EC Treaty, Art. 184 (now Art. 241 EC))

4. Parliament - Power to determine its own internal organisation - Determination of a time-limit for joining a provisional pension scheme for Members of the European Parliament

5. Community law - Principles - Legal certainty - Administrative measure producing legal effects - Requirement of clarity and precision - Obligation to notify interested parties - None - Consequence

Summary

1. The term decision in the fourth paragraph of Article 173 of the Treaty (now, after amendment, the fourth paragraph of Article 230 EC) must be understood in the technical sense in which it is used in Article 189 of the Treaty (now Article 249 EC) and the criterion for distinguishing between a legislative act and a decision within the meaning of the latter article must be sought in the general application or otherwise of the act in question. The fact that the number and even the identity of the persons to whom a measure applies can be determined more or less precisely is not such as to call in question the legislative nature of the measure.

( see paras 27-28 )

2. An action for annulment brought against a decision which merely confirms an earlier decision which has not been challenged in good time is inadmissible. A decision is a mere confirmation of an earlier decision where it contains no new factors as compared with the earlier measure and is not preceded by any reexamination of the situation of the addressee of the earlier measure.

( see para. 33 )

3. An objection of illegality may be raised only as a collateral issue, when an action is brought before the Court of First Instance or the Court of Justice on the basis of another provision of the Treaty, since Article 184 of the Treaty (now Article 241 EC) does not make it permissible for individuals to challenge the validity of a legislative act by way of a direct action. The possibility of raising an objection of illegality thus presupposes the admissibility of the action in respect of which it is raised.

( see para. 35 )

4. The Parliament is authorised, under its powers of internal organisation conferred on it by the Treaties, to take appropriate measures to ensure the proper functioning and conduct of its proceedings. It follows that the Parliament has not acted ultra vires by adopting a time-limit for joining the provisional pension scheme for Members of the European Parliament.

( see paras 45-46 )

5. Every measure of the administration having legal effects must be clear and precise and must be brought to the notice of the person concerned in such a way that he can ascertain exactly when the measure comes into being and begins to have legal effect. Where there was no such notification, a period prescribed for the submission of an application based on a measure providing for pension rights can begin to run only from the time the person concerned, having learnt of the existence of the measure, acquires, within a reasonable period, precise knowledge of its content.

( see paras 76-77 )