Parti écologiste "Les Verts" v European Parliament.
Date: 1986-04-23
23 IT MUST FIRST BE EMPHASIZED IN THIS REGARD THAT THE EUROPEAN ECONOMIC COMMUNITY IS A COMMUNITY BASED ON THE RULE OF LAW , INASMUCH AS NEITHER ITS MEMBER STATES NOR ITS INSTITUTIONS CAN AVOID A REVIEW OF THE QUESTION WHETHER THE MEASURES ADOPTED BY THEM ARE IN CONFORMITY WITH THE BASIC CONSTITUTIONAL CHARTER , THE TREATY . IN PARTICULAR , IN ARTICLES 173 AND 184 , ON THE ONE HAND , AND IN ARTICLE 177 , ON THE OTHER , THE TREATY ESTABLISHED A COMPLETE SYSTEM OF LEGAL REMEDIES AND PROCEDURES DESIGNED TO PERMIT THE COURT OF JUSTICE TO REVIEW THE LEGALITY OF MEASURES ADOPTED BY THE INSTITUTIONS . NATURAL AND LEGAL PERSONS ARE THUS PROTECTED AGAINST THE APPLICATION TO THEM OF GENERAL MEASURES WHICH THEY CANNOT CONTEST DIRECTLY BEFORE THE COURT BY REASON OF THE SPECIAL CONDITIONS OF ADMISSIBILITY LAID DOWN IN THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY . WHERE THE COMMUNITY INSTITUTIONS ARE RESPONSIBLE FOR THE ADMINISTRATIVE IMPLEMENTATION OF SUCH MEASURES , NATURAL OR LEGAL PERSONS MAY BRING A DIRECT ACTION BEFORE THE COURT AGAINST IMPLEMENTING MEASURES WHICH ARE ADDRESSED TO THEM OR WHICH ARE OF DIRECT AND INDIVIDUAL CONCERN TO THEM AND , IN SUPPORT OF SUCH AN ACTION , PLEAD THE ILLEGALITY OF THE GENERAL MEASURE ON WHICH THEY ARE BASED . WHERE IMPLEMENTATION IS A MATTER FOR THE NATIONAL AUTHORITIES , SUCH PERSONS MAY PLEAD THE INVALIDITY OF GENERAL MEASURES BEFORE THE NATIONAL COURTS AND CAUSE THE LATTER TO REQUEST THE COURT OF JUSTICE FOR A PRELIMINARY RULING .
24 IT IS TRUE THAT , UNLIKE ARTICLE 177 OF THE TREATY , WHICH REFERS TO ACTS OF THE INSTITUTIONS WITHOUT FURTHER QUALIFICATION , ARTICLE 173 REFERS ONLY TO ACTS OF THE COUNCIL AND THE COMMISSION . HOWEVER , THE GENERAL SCHEME OF THE TREATY IS TO MAKE A DIRECT ACTION AVAILABLE AGAINST ' ALL MEASURES ADOPTED BY THE INSTITUTIONS . . . WHICH ARE INTENDED TO HAVE LEGAL EFFECTS ' , AS THE COURT HAS ALREADY HAD OCCASION TO EMPHASIZE IN ITS JUDGMENT OF 31 MARCH 1971 ( CASE 22/70 COMMISSION V COUNCIL ( 1971 ) ECR 263 ). THE EUROPEAN PARLIAMENT IS NOT EXPRESSLY MENTIONED AMONG THE INSTITUTIONS WHOSE MEASURES MAY BE CONTESTED BECAUSE , IN ITS ORIGINAL VERSION , THE EEC TREATY MERELY GRANTED IT POWERS OF CONSULTATION AND POLITICAL CONTROL RATHER THAN THE POWER TO ADOPT MEASURES INTENDED TO HAVE LEGAL EFFECTS VIS-A-VIS THIRD PARTIES . ARTICLE 38 OF THE ECSC TREATY SHOWS THAT WHERE THE PARLIAMENT WAS GIVEN AB INITIO THE POWER TO ADOPT BINDING MEASURES , AS WAS THE CASE UNDER THE LAST SENTENCE OF THE FOURTH PARAGRAPH OF ARTICLE 95 OF THAT TREATY , MEASURES ADOPTED BY IT WERE NOT IN PRINCIPLE IMMUNE FROM ACTIONS FOR ANNULMENT .
28 THE ARGUMENT THAT THE COURT OF AUDITORS '  POWER OF REVIEW UNDER ARTICLE 206A OF THE TREATY PRECLUDES ANY REVIEW BY THE COURT OF JUSTICE MUST BE REJECTED . THE COURT OF AUDITORS ONLY HAS POWER TO EXAMINE THE LEGALITY OF EXPENDITURE WITH REFERENCE TO THE BUDGET AND THE SECONDARY PROVISION ON WHICH THE EXPENDITURE IS BASED ( COMMONLY CALLED ' THE BASIC MEASURE ' ). ITS REVIEW IS THUS IN ANY EVENT DISTINCT FROM THAT EXERCISED BY THE COURT OF JUSTICE , WHICH CONCERNS THE LEGALITY OF THE BASIC MEASURE . THE MEASURES CONTESTED IN THIS CASE ARE IN REALITY THE EQUIVALENT OF A BASIC MEASURE , INASMUCH AS THEY PROVIDE IN PRINCIPLE FOR THE EXPENDITURE AND LAY DOWN THE DETAILED RULES ACCORDING TO WHICH THE EXPENDITURE IS TO BE EFFECTED .

4 . THE QUESTION WHETHER THE CONTESTED MEASURES ARE OF DIRECT AND INDIVIDUAL CONCERN TO THE APPLICANT ASSOCIATION WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY
47 IT IS TRUE THAT THE 1982 RULES ON THE UTILIZATION OF FUNDS PROVIDED THAT THE FUNDS ALLOCATED COULD ONLY BE USED FOR ACTIVITIES CONNECTED WITH THE INFORMATION CAMPAIGN FOR THE 1984 ELECTIONS . TO ENSURE THAT THAT CONDITION WAS MET , THEY SPECIFIED THE KIND OF EXPENDITURE WHICH COULD BE COVERED , DESIGNATED THE PERSONS RESPONSIBLE FOR ENSURING THAT THE FUNDS WERE CORRECTLY UTILIZED , REQUIRED THE KEEPING OF SEPARATE ACCOUNTS ITEMIZING THE DIFFERENT TYPES OF EXPENDITURE AND REQUIRED THE SUBMISSION OF REPORTS ON THE UTILIZATION OF THE FUNDS . IN THIS WAY , THE EUROPEAN PARLIAMENT SOUGHT TO GUARANTEE THAT THE FUNDS MADE AVAILABLE TO THE POLITICAL GROUPS WOULD BE USED MAINLY TO COVER EXPENDITURE ON MEETINGS AND PUBLICATIONS ( BROCHURES , ADVERTISEMENTS IN THE PRESS AND POSTERS ).