1982 ( CASE 242/81 ROQUETTE FRERES V COUNCIL (( 1982 )) ECR 3213, PARAGRAPH 7 ), A MEASURE DOES NOT CEASE TO BE A REGULATION BECAUSE IT IS POSSIBLE TO DETERMINE MORE OR LESS EXACTLY THE NUMBER OR EVEN THE IDENTITY OF THE PERSONS TO WHOM IT APPLIES AT ANY GIVEN TIME AS LONG AS IT IS ESTABLISHED THAT IT APPLIES TO THEM BY VIRTUE OF AN OBJECTIVE LEGAL OR FACTUAL SITUATION DEFINED BY THE MEASURE IN QUESTION IN RELATION TO ITS PURPOSE .
IN ORDER FOR A MEASURE TO BE OF INDIVIDUAL CONCERN TO ANY PERSON, IT MUST AFFECT HIS LEGAL POSITION BECAUSE OF A FACTUAL SITUATION WHICH DIFFERENTIATES HIM FROM ALL OTHER PERSONS AND DISTINGUISHES HIM INDIVIDUALLY IN THE SAME WAY AS A PERSON TO WHOM IT IS ADDRESSED ( SEE IN PARTICULAR THE JUDGMENT OF 18 NOVEMBER 1975 IN CASE 100/74, CAM V COMMISSION (( 1975 )) ECR 1393 ).
IN THESE PROCEEDINGS, REGULATION NO 381/86 CONCERNS THE APPLICANT COMPANIES ONLY IN THEIR OBJECTIVE CAPACITY AS PRODUCERS OF TOMATO CONCENTRATE ESTABLISHED IN GREECE IN THE SAME WAY AS IT CONCERNS ANY OTHER PRODUCER OF TOMATO CONCENTRATES IN THE SAME POSITION . AS FAR AS THEY ARE CONCERNED, THEREFORE, THE REGULATION IS A MEASURE OF GENERAL APPLICATION WHICH APPLIES TO OBJECTIVELY DETERMINED SITUATIONS AND ENTAILS LEGAL EFFECTS FOR A CATEGORY OF PERSONS CONSIDERED GENERALLY AND IN THE ABSTRACT .
THE APPLICATION IN CASE 97/86 FOR THE ANNULMENT OF REGULATION NO 381/86 MUST THEREFORE BE DISMISSED AS INADMISSIBLE .
AS REGARDS THE APPLICATION FOR THE ANNULMENT OF THE COMMISSION' S ALLEGED REFUSAL FULLY TO IMPLEMENT THE JUDGMENT OF 19 SEPTEMBER 1985, IT MUST BE OBSERVED THAT INDIVIDUALS WHO HAVE NO STANDING TO CHALLENGE THE LEGALITY OF A LEGISLATIVE MEASURE LIKEWISE HAVE NO STANDING TO BRING AN ACTION FOR THE ANNULMENT OF SUCH A MEASURE OR FOR A DECLARATION THAT A COMMUNITY INSTITUTION HAS FAILED TO ACT AFTER BEING CALLED UPON TO ADOPT SUCH A MEASURE .
THE APPLICATION IN CASE 193/86 FOR THE ANNULMENT OF THE COMMISSION' S ALLEGED REFUSAL TO IMPLEMENT THE JUDGMENT OF 19 SEPTEMBER 1985 MUST THEREFORE BE DISMISSED AS INADMISSIBLE .
THE ACTIONS BROUGHT BY THE HELLENIC REPUBLIC
IN CASES 99/86 AND 215/86 THE HELLENIC REPUBLIC SEEKS THE ANNULMENT OF REGULATION NO 381/86 IN SO FAR AS IT FIXES ADDITIONAL AID ONLY FOR THE 1983/84 MARKETING YEAR AND OF THE REFUSAL BY THE COMMISSION, AFTER BEING CALLED UPON TO ACT BY THE HELLENIC REPUBLIC, FULLY TO IMPLEMENT THE JUDGMENT OF 19 SEPTEMBER 1985 BY RECTIFYING, WITH RESPECT ALSO TO THE OTHER MARKETING YEARS, THE ERROR FOUND BY THAT JUDGMENT TO HAVE BEEN COMMITTED .
IN SUPPORT OF ITS APPLICATIONS, THE HELLENIC REPUBLIC CLAIMS THAT THE COMMISSION FAILED TO FULFIL THE OBLIGATIONS INCUMBENT UPON IT UNDER ARTICLE 176 OF THE EEC TREATY, WHICH PROVIDES THAT AN INSTITUTION WHOSE ACT HAS BEEN DECLARED VOID OR WHOSE FAILURE TO ACT HAS BEEN DECLARED CONTRARY TO THE TREATY IS REQUIRED TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE