THE SECRETARIAT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES,
DEFENDANT,
Subject of the case
APPLICATION RELATING AT THE PRESENT STAGE OF THE PROCEDURE TO THE ADMISSIBILITY OF THE APPLICATION FOR THE ANNULMENT OF THE PROVISIONS OF ARTICLES 2 AND 3 OF REGULATION NO 128/67 OF THE COUNCIL OF 13 JUNE 1967 FIXING THE PRICES AND PRINCIPAL MARKETING CENTRES FOR CEREALS FOR THE 1967-1968 MARKETING YEAR, AND OF THE PROVISIONS OF ANNEXES A AND B TO THAT REGULATION, IN SO FAR AS THOSE ARTICLES AND THOSE ANNEXES FIX DERIVED INTERVENTION PRICES FOR COMMON WHEAT AT THE BOLOGNA AND ANCONA MARKETING CENTRES,
Grounds
P . 120
THE APPLICANTS HAVE INSTITUTED PROCEEDINGS AGAINST REGULATION NO 128/67 OF THE COUNCIL FIXING THE PRICES AND PRINCIPAL MARKETING CENTRES FOR CEREALS FOR THE 1967-1968 MARKETING YEAR . MORE PARTICULARLY, THEY REQUEST THE ANNULMENT OF ARTICLES 2 AND 3 OF THE SAID REGULATION AND OF ANNEXES A AND B THERETO, TO THE EXTENT TO WHICH THOSE PROVISIONS FIX DERIVED INTERVENTION PRICES FOR COMMON WHEAT AT THE BOLOGNA AND ANCONA MARKETING CENTRES .
UNDER ARTICLE 91 OF THE RULES OF PROCEDURE OF THE COURT, THE DEFENDANT HAS RAISED AN OBJECTION OF INADMISSIBILITY AGAINST THE APPLICATION, SUBMITTING THAT THE ABOVE - MENTIONED PROVISIONS OF REGULATION NO 128/67 ARE NOT OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANTS .
UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, INDIVIDUALS ARE EMPOWERED TO INSTITUTE PROCEEDINGS FOR ANNULMENT ONLY AGAINST DECISIONS ADDRESSED TO THEM OR AGAINST DECISIONS WHICH, ALTHOUGH IN THE FORM OF REGULATIONS OR OF DECISIONS ADDRESSED TO OTHER PERSONS, ARE OF DIRECT AND INDIVIDUDAL CONCERN TO THEM . IN THE PRESENT CASE IT IS NECESSARY TO EXAMINE, IN APPLICATION OF THAT ARTICLE, WHETHER THE PROVISIONS WHICH ARE THE SUBJECT OF THE APPLICATION ARE MERELY IN THE FORM OF A REGULATION AND IN FACT CONSTITUTE A DECISION OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANTS . IT IS ACCORDINGLY NECESSARY TO ASCERTAIN, IN RELATION TO THE STATED CRITERIA, THE TRUE LEGAL NATURE OF THE MEASURE ENTITLED REGULATION NO 128/67 AND, MORE PARTICULARLY, OF ARTICLES 2 AND 3 OF THAT REGULATION AS WELL AS CERTAIN PARTS, SPECIFIED IN THE APPLICATION, OF ANNEXES A AND B TO THE REGULATION .
HAVING FIXED THE TARGET PRICE, THE BASIC INTERVENTION PRICE AND THE GUARANTEED MINIMUM PRICE FOR CERTAIN PRODUCTS FOR THE 1967-1968 MARKETING YEAR IN ARTICLE 1, REGULATION NO 128/67 FIXES, IN ARTICLE 2, THE DERIVED INTERVENTION PRICES FOR COMMON WHEAT, DURUM WHEAT, RYE AND BARLEY, AS LISTED IN ANNEXES A AND B, FOR THAT MARKETING YEAR . THE SAID ANNEXES PROVIDE FOR THE FIXING OF THOSE PRICES, INTER ALIA, FOR THE BOLOGNA AND ANCONA MARKETING CENTRES . FINALLY, IN ARTICLE 3, THE SAID REGULATION FIXES THE THRESHOLD PRICE FOR CERTAIN CEREALS, INCLUDING COMMON WHEAT, FOR THE SAME MARKETING YEAR .
OWING TO THE PRICE MECHANISM BROUGHT INTO BEING BY REGULATION NO 120/67, THE CREATION OF A SINGLE MARKET IN CEREALS FOR THE WHOLE COMMUNITY DEPENDS IN PART UPON THE ADOPTION OF A SYSTEM