MAKES A CLEAR DISTINCTION BETWEEN THE CONCEPT OF A 'DECISION' AND THAT OF A 'REGULATION '. IT IS INCONCEIVABLE THAT THE TERM 'DECISION' WOULD BE USED IN ARTICLE 173 IN A DIFFERENT SENSE FROM THE TECHNICAL SENSE AS DEFINED IN ARTICLE 189 . IT FOLLOWS FROM THE FOREGOING CONSIDERATIONS THAT THE PRESENT APPLICATIONS SHOULD BE DISMISSED AS INADMISSIBLE IF THE MEASURE IN DISPUTE CONSTITUTES A REGULATION .
IN EXAMINING THIS QUESTION, THE COURT CANNOT RESTRICT ITSELF TO CONSIDERING THE OFFICIAL TITLE OF THE MEASURE, BUT MUST FIRST TAKE INTO ACCOUNT ITS OBJECT AND CONTENT .
2 . UNDER THE TERMS OF ARTICLE 189 OF THE EEC TREATY, A REGULATION SHALL HAVE GENERAL APPLICATION AND SHALL BE DIRECTLY APPLICABLE IN ALL MEMBER STATES, WHEREAS A DECISION SHALL BE BINDING ONLY UPON THOSE TO WHOM IT IS ADDRESSED . THE CRITERION FOR THE DISTINCTION MUST BE SOUGHT IN THE GENERAL 'APPLICATION' OR OTHERWISE OF THE MEASURE IN QUESTION .
THE ESSENTIAL CHARACTERISTICS OF A DECISION ARISE FROM THE LIMITATION OF THE PERSONS TO WHOM IT IS ADDRESSED, WHEREAS A REGULATION, BEING ESSENTIALLY OF A LEGISLATIVE NATURE, IS APPLICABLE NOT TO A LIMITED NUMBER OF PERSONS, DEFINED OR IDENTIFIABLE, BUT TO CATEGORIES OF PERSONS VIEWED ABSTRACTLY AND IN THEIR ENTIRETY . CONSEQUENTLY, IN ORDER TO DETERMINE IN DOUBTFUL CASES WHETHER ONE IS CONCERNED WITH A DECISION OR A REGULATION, IT IS NECESSARY TO ASCERTAIN WHETHER THE MEASURE IN QUESTION IS OF INDIVIDUAL CONCERN TO SPECIFIC INDIVIDUALS .
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IN THESE CIRCUMSTANCES, IF A MEASURE ENTITLED BY ITS AUTHOR A REGULATION CONTAINS PROVISIONS WHICH ARE CAPABLE OF BEING NOT ONLY OF DIRECT BUT ALSO OF INDIVIDUAL CONCERN TO CERTAIN NATURAL OR LEGAL PERSONS, IT MUST BE ADMITTED, WITHOUT PREJUDICE TO THE QUESTION WHETHER THAT MEASURE CONSIDERED IN ITS ENTIRETY CAN BE CORRECTLY CALLED A REGULATION, THAT IN ANY CASE THOSE PROVISIONS DO NOT HAVE THE CHARACTER OF A REGULATION AND MAY THEREFORE BE IMPUGNED BY THOSE PERSONS UNDER THE TERMS OF THE SECOND PARAGRAPH OF ARTICLE 173 .
3 . IN THIS CASE THE MEASURE IN DISPUTE WAS ENTITLED BY ITS AUTHOR A 'REGULATION '.
HOWEVER, THE APPLICANTS MAINTAIN THAT THE DISPUTED PROVISION IS IN FACT 'A DECISION IN THE FORM OF A REGULATION '. IT IS POSSIBLE WITHOUT DOUBT FOR A DECISION ALSO TO HAVE A VERY WIDE FIELD OF APPLICATION . HOWEVER, A MEASURE WHICH IS APPLICABLE TO OBJECTIVELY DETERMINED SITUATIONS AND WHICH INVOLVES IMMEDIATE LEGAL CONSEQUENCES IN ALL MEMBER STATES FOR CATEGORIES OF PERSONS VIEWED IN A GENERAL AND ABSTRACT MANNER CANNOT BE CONSIDERED AS CONSTITUTING A DECISION, UNLESS IT CAN BE PROVED THAT IT IS OF INDIVIDUAL CONCERN TO CERTAIN PERSONS WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 .
IN THIS PARTICULAR CASE, THE DISPUTED PROVISION INVOLVES IMMEDIATE LEGAL CONSEQUENCES IN ALL MEMBER STATES FOR CATEGORIES OF PERSONS VIEWED IN A GENERAL AND ABSTRACT MANNER . IN FACT, ARTICLE 9 OF THE MEASURE IN DISPUTE - THE PROVISION PARTICULARLY AT ISSUE IN THE PRESENT DISPUTE