NOR OF INDIVIDUAL CONCERN TO THE APPLICANT WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY .
6 ON THE OTHER HAND THE APPLICANT CONTENDS IN SUPPORT OF THE ADMISSIBILITY OF THE ACTION THAT THE SAID DECISION IS OF DIRECT AND INDIVIDUAL CONCERN TO IT WITH REGARD TO ITS LEGAL POSITION SINCE IT IS THE ONLY TRADER-IMPORTER ESTABLISHED IN THE BENELUX STATES WHICH REGULARLY IMPORTS INTO THE NETHERLANDS BRUSHES ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA AND SINCE , MOREOVER , THE CONTESTED DECISION WAS ADOPTED ON ACCOUNT OF THE IMPORTATION WITH WHICH THE PRESENT CASE IS CONCERNED .
7 UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY THE ADMISSIBILITY OF AN ACTION FOR A DECLARATION THAT A DECSION IS VOID BROUGHT BY A NATURAL OR LEGAL PERSON TO WHOM THE DECISION WAS NOT ADDRESSED IS SUBJECT TO THE REQUIREMENT THAT THE DECISION MUST BE OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANT . IN THIS CASE SINCE SPIJKER KWASTEN BV IS NOT ONE OF THE PERSONS TO WHOM THE CONTESTED DECISION WAS ADDRESSED IT IS NECESSARY TO CONSIDER WHETHER THE DECISION IS OF DIRECT AND INDIVIDUAL CONCERN TO IT .
8 THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 15 JULY 1963 IN CASE 25/62 PLAUMANN ( 1963 ) ECR 95 THAT PERSONS OTHER THAN THOSE TO WHOM A DECISION IS ADDRESSED MAY CLAIM TO BE INDIVIDUALLY CONCERNED BY THAT DECISION ONLY IF IT AFFECTS THEM BY REASON OF CERTAIN ATTRIBUTES WHICH ARE PECULIAR TO THEM OR BY REASON OF CIRCUMSTANCES IN WHICH THEY ARE DIFFERENTIATED FROM ALL OTHER PERSONS AND IF BY VIRTUE OF THOSE FACTORS IT DISTINGUISHES THEM INDIVIDUALLY JUST AS IN THE CASE OF THE PERSON ADDRESSED .
9 THAT IS NOT THE CASE IN THE PRESENT PROCEEDINGS . THE CONTESTED DECISION CONCERNS THE APPLICANT MERELY BY VIRTUE OF ITS OBJECTIVE CAPACITY AS AN IMPORTER OF THE GOODS IN QUESTION IN THE SAME MANNER AS ANY OTHER TRADER WHO IS , OR MIGHT BE IN THE FUTURE , IN THE SAME SITUATION . IN FACT THE PURPOSE OF THE DECISION IS TO AUTHORIZE THE BENELUX STATES NOT TO APPLY COMMUNITY TREATMENT FOR A FIXED PERIOD TO ALL IMPORTS OF BRUSHES ORIGINATING IN THE POEPLE ' S REPUBLIC OF CHINA AND IN FREE CIRCULATION IN ANOTHER MEMBER STATE . WITH REGARD TO THE IMPORTERS OF SUCH PRODUCTS IT IS THEREFORE A MEASURE OF GENERAL APPLICATION COVERING SITUATIONS WHICH ARE DETERMINED OBJECTIVELY AND IT ENTAILS LEGAL EFFECTS FOR CATEGORIES OF PERSONS ENVISAGED IN A GENERAL AND ABSTRACT MANNER . THUS THE CONTESTED DECISION IS NOT OF INDIVIDUAL CONCERN TO THE APPLICANT .
10 THAT CONCLUSION IS NOT INVALIDATED BY THE FACT THAT THE APPLICANT , ACCORDING TO ITS STATEMENT WHICH WAS NOT DISPUTED BY THE COMMISSION , IS THE ONLY TRADER-IMPORTER ESTABLISHED IN THE BENELUX STATES REGULARLY IMPORTING INTO THE NETHERLANDS BRUSHES ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA AND THAT IT WAS ONE OF ITS IMPORTS