Judgment of the Court of 26 April 1988. - Asteris AE and others and Hellenic Republic v Commission of the European Communities. - Production aid for tomato concentrate - Rules applicable to the Hellenic Republic - Consequences of a finding of illegality by the Court. - Joined cases 97, 193, 99 and 215/86.
European Court reports 1988 Page 02181
Summary
Parties
Grounds
Decision on costs
Operative part
Keywords
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1 . ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION LAYING DOWN DETAILED IMPLEMENTING ARRANGEMENTS FOR A SYSTEM OF COMMUNITY AID IN A MEMBER STATE
( EEC TREATY, ART . 173, SECOND PARAGRAPH; COMMISSION REGULATION NO 381/86 )
2 . ACTION FOR ANNULMENT - JUDGMENT ANNULLING A MEASURE - IMPLEMENTATION - REFUSAL TO ADOPT MEASURES GOING BEYOND REPLACEMENT OF THE ANNULLED MEASURE - OBJECTION CONCERNING THE SCOPE OF THE OBLIGATION TO IMPLEMENT - REMEDY - ACTION FOR FAILURE TO ACT
( EEC TREATY, ARTS 175 AND 176 )
3 . ACTION FOR ANNULMENT - JUDGMENT ANNULLING A MEASURE - EFFECTS - OBLIGATION TO IMPLEMENT - SCOPE - BOTH THE OPERATIVE PART AND THE GROUNDS OF THE JUDGMENT TO BE TAKEN INTO ACCOUNT - RETROACTIVE EFFECT OF ANNULMENT - ELIMINATION OF ALL PROVISIONS ADOPTED SUBSEQUENTLY AND VITIATED BY THE SAME DEFECT AS THE ANNULLED PROVISION
( EEC TREATY, ART . 176 )
Summary
1 . A REGULATION LAYING DOWN DETAILED ARRANGEMENTS FOR THE GRANT IN A MEMBER STATE OF COMMUNITY AID INSTITUTED WITHIN THE FRAMEWORK OF A COMMON MARKET ORGANIZATION IS A MEASURE OF GENERAL APPLICATION WHICH APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND ENTAILS LEGAL EFFECTS FOR A CATEGORY OF PERSONS CONSIDERED GENERALLY AND IN THE ABSTRACT . IT CANNOT THEREFORE BE OF DIRECT AND INDIVIDUAL CONCERN, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY, TO A BUSINESS ESTABLISHED IN THAT MEMBER STATE WHICH IS ELIGIBLE FOR THE AID IN QUESTION .
2 . AN ALLEGATION THAT AN INSTITUTION IS IN BREACH OF ITS OBLIGATIONS UNDER ARTICLE 176 OF THE TREATY AFTER THE ANNULMENT OF ONE OF ITS MEASURES MUST TAKE THE FORM OF AN ACTION FOR FAILURE TO ACT WHERE IT IS NOT ALLEGED THAT THE MEASURE ADOPTED TO REPLACE THE ANNULLED MEASURE IS ILLEGAL BUT THE QUESTION IS RAISED WHETHER, IN ADDITION TO REPLACING THAT MEASURE, THE INSTITUTION MUST TAKE OTHER ACTION RELATING TO OTHER MEASURES WHICH WERE NOT CHALLENGED IN THE PROCEEDINGS FOR ANNULMENT .
3 . WHERE A MEASURE ADOPTED BY AN INSTITUTION HAS BEEN ANNULLED BY THE COURT, THE INSTITUTION IS REQUIRED, IN ORDER TO COMPLY WITH THE JUDGMENT AND IMPLEMENT IT FULLY, TO HAVE REGARD NOT ONLY TO THE OPERATIVE PART OF THE JUDGMENT BUT ALSO TO THE GROUNDS WHICH LED TO THE JUDGMENT AND CONSTITUTE ITS ESSENTIAL BASIS, IN SO FAR AS THEY ARE NECESSARY IN ORDER TO DETERMINE THE EXACT MEANING OF WHAT IS STATED IN THE OPERATIVE PART . IT IS THOSE GROUNDS WHICH, ON THE ONE