CELEX: 61979CO0060
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 60/79.

Avis juridique important

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61979O0060

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 60/79.  

European Court reports 1979 Page 02429

SummaryPartiesGroundsOperative part
Keywords

1 . ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - TRADE ASSOCIATIONS - MEASURE CHALLENGED AFFECTING THE GENERAL INTERESTS OF THEIR CATEGORY - INADMISSIBILITY  ( EEC TREATY , SECOND PARAGRAPH OF ART . 173 )   2 . ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - MEASURE APPLIED FOR - REGULATION - INADMISSIBILITY   ( EEC TREATY , THIRD PARAGRAPH OF ART . 175 )    

Summary

1 . IT IS NOT POSSIBLE TO ACCEPT THE PRINCIPLE THAT AN ASSOCIATION , IN ITS CAPACITY AS THE REPRESENTATIVE OF A CATEGORY OF BUSINESSMEN , IS INDIVIDUALLY CONCERNED BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THAT CATEGORY .   2 . A REGULATION AMENDING ANOTHER REGULATION CANNOT BE CLASSIFIED AS A MEASURE WHICH MAY BE ADDRESSED TO A NATURAL OR LEGAL PERSON WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 OF THE EEC TREATY .    

Parties

IN CASE 60/79 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 APPLICANT ' S APPLICATION IS INADMISSIBLE .   AS FAR AS THE APPLICATION FOR THE ANNULMENT PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY IS CONCERNED THE REGULATION IN QUESTION CANNOT BE CONSIDERED TO BE A DECISION ADDRESSED TO THE APPLICANT WITHIN THE MEANING OF THAT ARTICLE OR TO BE A DECISION OF DIRECT AND INDIVIDUAL CONCERN TO IT , ALTHOUGH IN THE FORM OF A REGULATION . THE REGULATION IN QUESTION IS IN FACT PURELY LEGISLATIVE AND APPLIES TO EVERY WINE-PRODUCER IN THE COMMUNITY . MOREOVER IT SHOULD BE STRESSED THAT , AS THE COURT HAS ALREADY DECLARED , IN PARTICULAR IN ITS JUDGMENT OF 14 DECEMBER 1962 IN JOINED CASES 16 AND 17/62 ( CONFEDERATION NATIONALE DES PRODUCTEURS DE FRUITS ET DE LEGUMES AND OTHERS AND FEDERATION NATIONALE DES PRODUCTEURS DE RAISINS DE TABLE V COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ( 1962 ) ECR 479 ), IT IS NOT POSSIBLE TO ACCEPT THE PRINCIPLE THAT AN ASSOCIATION , IN ITS CAPACITY AS THE REPRESENTATIVE OF A CATEGORY OF BUSINESSMEN , IS INDIVIDUALLY CONCERNED BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THAT CATEGORY . THE ACTION UNDER THIS HEAD IS THEREFORE INADMISSIBLE .        AS FAR AS THE APPLICATION UNDER ARTICLE 175 OF THE TREATY IS CONCERNED THE ONLY LEGAL INSTRUMENT WHICH MIGHT POSSIBLY MEET THE APPLICANT ' S REQUEST WOULD HAVE BEEN A REGULATION AMENDING REGULATION NO 130/79 ; AN AMENDING REGULATION OF THIS KIND CANNOT BE CLASSIFIED AS A MEASURE WHICH MAY BE ADDRESSED TO THE APPLICANT WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 . THE ACTION UNDER THIS HEAD IS THEREFORE ALSO INADMISSIBLE .    

Operative part

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