S CLAIM THAT THE COMMISSION ' S COMMUNICATION OF 17 JULY 1981 SHOULD BE DECLARED VOID IN SO FAR AS THE COMMISSION STATED THAT THERE WAS NO GROUND FOR APPLYING ARTICLE 85 WITH REGARD TO THE FIXING OF AIR FARES . THE AIRLINES FOR THEIR PART APPLIED TO INTERVENE IN SUPPORT OF THE COMMISSION ' S SUBMISSIONS .
9 THE COURT DECIDED TO ACCEDE TO THE COMMISSION ' S REQUEST AND AS A PRELIMINARY STEP TO CONSIDER THE OBJECTION OF INADMISSIBILITY . FOLLOWING THAT DECISION , BY ORDER OF 17 FEBRUARY 1982 IT ASSIGNED THE CASE TO THE SECOND CHAMBER FOR A DECISION AS TO THE ADMISSIBILITY OF THE ACTION .
10 BY ORDERS OF THE SAME DATE THE COURT ALLOWED THE INTERVENTION OF THE UNITED KINGDOM AND THE AIRLINES . ONLY THE AIRLINES GAVE THEIR VIEWS , DURING THE ORAL PROCEDURE , AS TO THE QUESTION OF ADMISSIBILITY .
THE QUESTION OF ADMISSIBILITY
11 IN THE WORDS OF THE SECOND PARAGRAPH OF ARTICLE 173 , ANY NATURAL OR LEGAL PERSON MAY , UNDER THE CONDITIONS LAID DOWN IN THAT ARTICLE , INSTITUTE PROCEEDINGS ' ' AGAINST A DECISION ADDRESSED TO THAT PERSON OR AGAINST A DECISION WHICH , ALTHOUGH IN THE FORM OF A REGULATION OR A DECISION ADDRESSED TO ANOTHER PERSON , IS OF DIRECT AND INDIVIDUAL CONCERN TO THE FORMER ' ' .
12 ACCORDING TO THE THIRD PARAGRAPH OF ARTICLE 175 , ANY NATURAL OR LEGAL PERSON MAY , UNDER THE CONDITIONS LAID DOWN IN THAT ARTICLE , COMPLAIN TO THE COURT THAT AN INSTITUTION OF THE COMMUNITY ' ' HAS FAILED TO ADDRESS TO THAT PERSON ANY ACT OTHER THAN A RECOMMENDATION OR AN OPINION ' ' .
13 IT APPEARS FROM THE PROVISIONS QUOTED THAT THE APPLICANT , FOR HIS APPLICATION TO BE ADMISSIBLE , MUST BE IN A POSITION TO ESTABLISH EITHER THAT HE IS THE ADDRESSEE OF A MEASURE OF THE COMMISSION HAVING SPECIFIC LEGAL EFFECTS WITH REGARD TO HIM , WHICH IS , AS SUCH , CAPABLE OF BEING DECLARED VOID , OR THAT THE COMMISSION , HAVING BEEN DULY CALLED UPON TO ACT IN PURSUANCE OF THE SECOND PARAGRAPH OF ARTICLE 175 , HAS FAILED TO ADOPT IN RELATION TO HIM A MEASURE WHICH HE WAS LEGALLY ENTITLED TO CLAIM BY VIRTUE OF THE RULES OF COMMUNITY LAW .
14 IN REPLY TO A QUESTION FROM THE COURT THE APPLICANT STATED THAT THE MEASURE TO WHICH HE BELIEVED HIMSELF TO BE ENTITLED WAS ' ' A RESPONSE , AN ADEQUATE ANSWER TO HIS COMPLAINT SAYING EITHER THAT THE COMMISSION WAS GOING TO ACT UPON IT OR SAYING THAT IT WAS NOT AND , IF NOT , GIVING REASONS ' ' . ALTERNATIVELY THE APPLICANT TOOK THE VIEW THAT THE LETTER ADDRESSED TO HIM ON 17 JULY 1981 BY THE DIRECTOR-GENERAL FOR COMPETITION WAS TO BE DESCRIBED AS AN ACT AGAINST WHICH PROCEEDINGS MAY BE INSTITUTED UNDER THE SECOND PARAGRAPH OF ARTICLE 173 .
15 THE PRINCIPAL QUESTION TO BE RESOLVED