Judgment of the Court (Second Chamber) of 10 June 1982. - Nicholas William, Lord Bethell, v Commission of the European Communities. - Competition - Air transport. - Case 246/81.
European Court reports 1982 Page 02277
Spanish special edition Page 00705
Swedish special edition Page 00449
Finnish special edition Page 00471
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - NATURAL OR LEGAL PERSONS - CONDITIONS FOR ADMISSIBILITY
ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - CONDITIONS FOR ADMISSIBILTY
( EEC TREATY , ART . 173 , SECOND PARAGRAPH , AND ART . 175 , THIRD PARAGRAPH )
Summary
IT MAY BE SEEN FROM THE SECOND PARAGRAPH OF ARTICLE 173 AND THE THIRD PARAGRAPH OF ARTICLE 175 OF THE TREATY THAT THE APPLICANT , FOR HIS APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID OR HIS ACTION FOR FAILURE TO ACT TO BE ADMISSIBLE , MUST BE IN A POSITION TO ESTABLISH EITHER THAT HE IS THE ADDRESSEE OF A MEASURE OF AN INSTITUTION HAVING SPECIFIC LEGAL EFFECTS WITH REGARD TO HIM , WHICH IS , AS SUCH , CAPABLE OF BEING DECLARED VOID , OR THAT THE INSTITUTION , 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 .
A NATURAL OR LEGAL PERSON WHO IS ASKING AN INSTITUTION , NOT TO TAKE A DECISION IN RESPECT OF HIM , BUT TO OPEN AN INQUIRY WITH REGARD TO THIRD PARTIES AND TO TAKE DECISIONS IN RESPECT OF THEM , MAY HAVE AN INDIRECT INTEREST , AS OTHER PRIVATE PERSONS MAY HAVE , IN SUCH PROCEEDINGS AND THEIR POSSIBLE OUTCOME , BUT HE IS NEVERTHELESS NOT IN THE PRECISE LEGAL POSITION OF THE ACTUAL ADDRESSEE OF A DECISION WHICH MAY BE DECLARED VOID UNDER THE SECOND PARAGRAPH OF ARTICLE 173 OR IN THAT OF THE POTENTIAL ADDRESSEE OF A LEGAL MEASURE WHICH THE INSTITUTION IN QUESTION HAS A DUTY TO ADOPT WITH REGARD TO HIM , AS IS THE POSITION UNDER THE THIRD PARAGRAPH OF ARTICLE 175 .
Parties
IN CASE 246/81
NICHOLAS WILLIAM , LORD BETHELL , MEMBER OF THE EUROPEAN PARLIAMENT , MEMBER OF THE HOUSE OF LORDS , REPRESENTED BY IAN S . FORRESTER OF THE SCOTS BAR AND MARIO SIRAGUSA OF THE ROME BAR , INSTRUCTED BY GLORIA HOOPER OF MESSRS TAYLOR & HUMBERT , SOLICITORS , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE CHAMBERS OF JEAN-CLAUDE WOLTER , 2 , RUE GOETHE ,
APPLICANT ,
SUPPORTED BY
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND , REPRESENTED BY W . H . GODWIN , PRINCIPAL ASSISTANT TREASURY SOLICITOR , ACTING AS AGENT , WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE BRITISH EMBASSY ,
INTERVENER ,
V
COMMISSION OF THE EUROPEAN