THE COURT OF AUDITORS ONLY HAS POWER TO EXAMINE THE LEGALITY OF EXPENDITURE WITH REFERENCE TO THE BUDGET AND THE SECONDARY PROVISION ON WHICH THE EXPENDITURE IS BASED ( COMMONLY CALLED ' THE BASIC MEASURE ' ). ITS REVIEW IS THUS IN ANY EVENT DISTINCT FROM THAT EXERCISED BY THE COURT OF JUSTICE , WHICH CONCERNS THE LEGALITY OF THE BASIC MEASURE . THE MEASURES CONTESTED IN THIS CASE ARE IN REALITY THE EQUIVALENT OF A BASIC MEASURE , INASMUCH AS THEY PROVIDE IN PRINCIPLE FOR THE EXPENDITURE AND LAY DOWN THE DETAILED RULES ACCORDING TO WHICH THE EXPENDITURE IS TO BE EFFECTED .
4 . THE QUESTION WHETHER THE CONTESTED MEASURES ARE OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANT ASSOCIATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY
29 THE APPLICANT ASSOCIATION EMPHASIZES THAT IT HAS LEGAL PERSONALITY AND THAT THE CONTESTED DECISIONS , ENTAILING AS THEY DO A GRANT OF AID TO RIVAL POLITICAL GROUPINGS , IS CERTAINLY OF DIRECT AND INDIVIDUAL CONCERN TO IT .
30 THE EUROPEAN PARLIAMENT CONSIDERS THAT , AS THE COURT ' S CASE-LAW CONCERNING THAT CONDITION STANDS AT PRESENT , THE APPLICANT ASSOCIATION ' S ACTION IS INADMISSIBLE . HOWEVER , IT RAISES THE QUESTION WHETHER A WIDE INTERPRETATION OF THE FIRST PARAGRAPH OF ARTICLE 173 OF THE TREATY WOULD NOT AFFECT THE INTERPRETATION TO BE GIVEN TO THE SECOND PARAGRAPH OF THAT ARTICLE . IT EMPHASIZES IN THAT REGARD THAT THE APPLICANT ASSOCIATION IS NOT AN ORDINARY THIRD PARTY BUT , AS A POLITICAL PARTY , OCCUPIES AN INTERMEDIATE POSITION BETWEEN THE PRIVILEGED APPLICANTS AND PRIVATE INDIVIDUALS . IN ITS VIEW , THE SPECIAL FUNCTION OF POLITICAL PARTIES MUST BE TAKEN INTO CONSIDERATION AT COMMUNITY LEVEL . IT CONSIDERS THAT THEIR SPECIAL STATUS JUSTIFIES THEIR BEING ACCORDED A RIGHT OF ACTION UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY AGAINST MEASURES WHICH DETERMINE UNDER WHAT CONDITIONS AND IN WHAT AMOUNT THEY ARE TO RECEIVE , ON THE OCCASION OF THE DIRECT ELECTIONS , FUNDS FROM THE EUROPEAN PARLIAMENT FOR THE PURPOSE OF MAKING THE LATTER MORE WIDELY KNOWN . IN ITS DEFENCE , THE EUROPEAN PARLIAMENT CONCLUDES FROM THAT LINE OF REASONING THAT POLITICAL PARTIES ARE DIRECTLY AND INDIVIDUALLY CONCERNED BY THE 1983 RULES .
31 IT MUST FIRST BE POINTED OUT THAT THE CONTESTED MEASURES ARE OF DIRECT CONCERN TO THE APPLICANT ASSOCIATION . THEY CONSTITUTE A COMPLETE SET OF RULES WHICH ARE SUFFICIENT IN THEMSELVES AND WHICH REQUIRE NO IMPLEMENTING PROVISIONS , SINCE THE CALCULATION OF THE SHARE OF THE APPROPRIATIONS TO BE GRANTED TO EACH OF THE POLITICAL GROUPINGS CONCERNED IS AUTOMATIC AND LEAVES NO ROOM FOR ANY DISCRETION .
32 IT REMAINS TO BE EXAMINED WHETHER THE APPLICANT ASSOCIATION IS INDIVIDUALLY CONCERNED BY THE CONTESTED MEASURES .
33 THAT EXAMINATION MUST BE CENTRED ON THE 1982 DECISION . THAT DECISION APPROVED THE PRINCIPLE OF GRANTING THE APPROPRIATIONS ENTERED UNDER ITEM 3708 TO THE POLITICAL GROUPINGS ; IT THEN DETERMINED