' ), ONE OF THE FOUR MAJOR JAPANESE PRODUCERS .
THE ADMISSIBILITY OF THE APPLICATION
8THE COUNCIL HAS RAISED AN OBJECTION OF INADMISSIBILITY CLAIMING THAT THE CONTESTED MEASURE IS A REGULATION AND THAT THE APPLICANTS ARE THEREFORE NOT ENTITLED TO REQUEST ANNULMENT OF IT UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY .
9IT CLAIMS THAT IN THE PRESENT CASE THIS IS NOT A DECISION ADOPTED IN THE FORM OF A REGULATION SINCE REGULATION NO 1778/77 IN FACT CONSTITUTES A GENERAL RULE WHICH AFFECTS ALL THE PRODUCTS IN QUESTION ORIGINATING IN JAPAN AND WHICH MUST , ACCORDING TO ARTICLE 19 ( 1 ) OF REGULATION NO 459/68 OF THE COUNCIL OF 5 APRIL 1968 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1968 ( I ), P . 80 ), BE ADOPTED IN THE FORM OF A REGULATION .
10THE APPLICANTS REPLY THAT THE CONTESTED MEASURE , ALTHOUGH DRAFTED IN ABSTRACT TERMS , IN FACT AFFECTS ONLY NACHI AND THREE OTHER JAPANESE UNDERTAKINGS WHICH PRODUCE THE PRODUCTS IN QUESTION ( HEREINAFTER REFERRED TO AS ' ' THE MAJOR PRODUCERS ' ' ), AS WELL AS THEIR SUBSIDIARIES AND EXCLUSIVE IMPORTERS IN THE COMMUNITY .
11THE PRELIMINARY INVESTIGATION CARRIED OUT BEFORE THE ADOPTION OF REGULATION NO 1778/77 WAS LIMITED TO INQUIRIES MADE FIRST AT THE PREMISES OF THE EUROPEAN SUBSIDIARIES AND EXCLUSIVE IMPORTERS AND THEN AT THE PREMISES OF THE MAJOR PRODUCERS IN JAPAN .
12THE SPECIFIC NATURE OF THE MEASURE IS CONFIRMED BY THE FACT THAT ARTICLE 1 ( 2 ) THEREOF SUSPENDS THE APPLICATION OF THE IMPOSED ANTI-DUMPING DUTY ON THE GROUND , STATED IN THE PENULTIMATE RECITALS IN THE PREAMBLE , THAT THE FOUR MAJOR JAPANESE PRODUCERS HAVE GIVEN UNDERTAKINGS TO REVISE THEIR FUTURE PRICES .
13THIS SPECIFIC NATURE IS ALSO CONFIRMED BY ARTICLE 3 OF REGULATION NO 1778/77 WHICH PROVIDES FOR THE COLLECTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY ONLY AS REGARDS THE PRODUCTS MANUFACTURED AND EXPORTED BY THE MAJOR PRODUCERS .
14THE CONTESTED MEASURE THEREFORE CONSTITUTES A DECISION WHICH AFFECTS ONLY THE MAJOR PRODUCERS AND THEIR SUBSIDIARIES AND EXCLUSIVE IMPORTERS AND MUST THEREFORE BE CONSIDERED TO BE A DECISION CONCERNING THEM ADOPTED IN THE FORM OF A REGULATION .
15IT SHOULD BE STATED THAT NACHI AND I.S.O . ARE SUFFICIENTLY CLOSELY ASSOCIATED FOR THE COMMISSION TO HAVE CONSIDERED , DURING ITS EXAMINATION OF THE MATTER , THAT IT WAS NECESSARY TO APPLY TO THEM THE SPECIAL PROVISIONS CONCERNING EXPORT PRICES LAID DOWN IN ARTICLE 3 ( 3 ) OF THE BASIC REGULATION , REGULATION NO 459/68 .
16IN THESE CIRCUMSTANCES IT IS NECESSARY TO CONSIDER THAT THE MEASURES WHICH REFER PARTICULARLY TO NACHI ' S PRODUCTS AND ARE OF DIRECT AND INDIVIDUAL CONCERN TO NACHI ARE OF DIRECT AND INDIVIDUAL CONCERN TO I.S.O .
17REGULATION NO 1778/77 CONTAINS ESSENTIALLY THREE PROVISIONS :
- ARTICLE 1 IMPOSES A DEFINITIVE ANTI-DUMPING DUTY