CELEX: 61979CO0059
Language: en
Date: 1979-07-11 00:00:00
Title: Order of the Court of 11 July 1979. # Fédération nationale des producteurs de vins de table et vins de pays v Commission of the European Communities. # Case 59/79.

Avis juridique important

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61979O0059

Order of the Court of 11 July 1979.  -  Fédération nationale des producteurs de vins de table et vins de pays v Commission of the European Communities.  -  Case 59/79.  

European Court reports 1979 Page 02425

SummaryPartiesGroundsOperative part
Keywords

ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - NOTICE TO THE INSTITUTION TO ACT - REQUEST FOR ADOPTION OF A MEASURE - CONCEPTS - REQUEST FOR A FINDING THAT AID GRANTED BY A STATE IS NOT COMPATIBLE WITH THE COMMON MARKET - BAR - INADMISSIBILITY  ( EEC TREATY , SECOND AND THIRD PARAGRAPHS OF ART . 175 )    

Summary

A PERSON OTHER THAN A MEMBER STATE WHO HAS BEEN GIVEN NOTICE BY THE COMMISSION , AS PROVIDED FOR IN THE FIRST SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE EEC TREATY , TO SUBMIT HIS COMMENTS ON AID CONTEMPLATED BY A MEMBER STATE AND WHO HAS AVAILED HIMSELF OF THIS OPPORTUNITY TO REQUEST THE COMMISSION TO FIND THAT THE AID IS NOT COMPATIBLE WITH THE COMMON MARKET , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 93 ( 3 ), IS NOT ENTITLED TO BRING AN ACTION FOR FAILURE TO ACT IF THE COMMISSION FAILS TO COMPLY WITH THAT REQUEST WITHIN A PERIOD OF TWO MONTHS .   IN FACT SUCH A REQUEST ON THE ONE HAND DOES NOT CONSTITUTE AN ' ' INVITATION ' '  WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 175 OF THE TREATY SINCE THE COMMISSION HAS A REASONABLE PERIOD WITHIN WHICH TO COMPLETE THE PROCEDURE INITIATED PURSUANT TO ARTICLE 93 AND , ON THE OTHER HAND , DOES NOT SATISFY THE REQUIREMENTS OF THE THIRD PARAGRAPH OF ARTICLE 175 , SINCE IT IS NOT INTENDED TO REQUIRE THE COMMISSION TO ADDRESS AN ACT TO THE APPLICANT .    

Parties

IN CASE 59/79 FEDERATION NATIONALE DES PRODUCTEURS DE VINS DE TABLE ET VINS DE PAYS  V  COMMISSION OF THE EUROPEAN COMMUNITIES   

Grounds

ACCORDING TO ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE , UNLESS THE COURT OF JUSTICE DECIDES OTHERWISE THE REMAINDER OF THE PROCEEDINGS CONCERNING A PRELIMINARY OBJECTION IS TO BE ORAL . THE COURT IS OF THE OPINION THAT THERE ARE NO GROUNDS , FOR OPENING THE ORAL PROCEDURE AND IT HAS DECIDED , AS PROVIDED FOR IN ARTICLE 91 ( 3 ), TO ADJUDICATE FORTHWITH UPON THE APPLICATION IN THE LIGHT OF THE WRITTEN STATEMENTS .   THE APPLICATION IS INADMISSIBLE . IF THE COMMISSION DECIDES TO INITIATE A PROCEDURE PURSUANT TO THE PROVISIONS OF ARTICLE 93 OF THE EEC TREATY IT HAS A REASONABLE PERIOD WITHIN WHICH TO COMPLETE THIS PROCEDURE . THE FACT THAT THE APPLICANT AVAILED ITSELF OF THE OPPORTUNITY AFFORDED IT BY THE COMMISSION DURING THIS PROCEDURE TO SUBMIT ITS COMMENTS CANNOT BE ASSIMILATED TO THE INSTITUTION ' S ' ' BEING CALLED UPON TO ACT ' '  WITHIN THE MEANING OF ARTICLE 175 OF THE TREATY WHICH CAUSES THE PERIOD OF TWO MONTHS REFERRED TO IN THE SECOND PARAGRAPH OF THAT ARTICLE TO START TO RUN . FURTHERMORE IT SHOULD BE POINTED OUT THAT A NATURAL OR LEGAL PERSON MAY COMPLAIN TO THE COURT OF JUSTICE , PURSUANT TO THE PROVISIONS OF THE THIRD PARAGRAPH OF THE SAME ARTICLE , ONLY THAT AN INSTITUTION HAS FAILED TO ADDRESS TO THAT PERSON ANY ACT OTHER THAN A RECOMMENDATION OR AN OPINION . THE APPLICANT HAS NOT ADDRESSED TO THE COMMISSION AN APPLICATION WHICH FULFILS THOSE CONDITIONS .    

Operative part

ON THOSE GROUNDS , THE COURT  HEREBY ORDERS AS FOLLOWS :    1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE .    2 . THE APPLICANT IS ORDERED TO PAY THE COSTS .