EEC Seed Crushers' and Oil Processors' Federation (FEDIOL) v Commission of the European Communities.
Date: 1983-10-04
25 IT APPEARS FROM A COMPARISON OF THE PROVISIONS GOVERNING THE SUCCESSIVE PROCEDURAL STAGES DESCRIBED ABOVE THAT THE REGULATION RECOGNIZES THE EXISTENCE OF A LEGITIMATE INTEREST ON THE PART OF COMMUNITY PRODUCERS IN THE ADOPTION OF ANTI-SUBSIDY MEASURES AND THAT IT DEFINES CERTAIN SPECIFIC RIGHTS IN THEIR FAVOUR , NAMELY THE RIGHT TO SUBMIT TO THE COMMISSION ALL EVIDENCE WHICH THEY CONSIDER APPROPRIATE , THE RIGHT TO SEE ALL INFORMATION OBTAINED BY THE COMMISSION SUBJECT TO CERTAIN EXCEPTIONS , THE RIGHT TO BE HEARD AT THEIR REQUEST AND TO HAVE THE OPPORTUNITY OF MEETING THE OTHER PARTIES CONCERNED IN THE SAME PROCEEDING , AND FINALLY THE RIGHT TO BE INFORMED IF THE COMMISSION DECIDES NOT TO PURSUE A COMPLAINT . IN THE CASE OF THE PROCEEDINGS BEING TERMINATED ON THE COMPLETION OF THE STAGE OF PRELIMINARY INVESTIGATION PROVIDED FOR IN ARTICLE 5 THAT INFORMATION MUST COMPRISE AT LEAST A STATEMENT OF THE COMMISSION ' S BASIC CONCLUSIONS AND A SUMMARY OF THE REASONS THEREFOR AS IS REQUIRED BY ARTICLE 9 IN THE EVENT OF THE TERMINATION OF FORMAL INVESTIGATIONS .
26 WHILST IT IS TRUE THAT THE COMMISSION , WHEN EXERCISING THE POWERS ASSIGNED TO IT IN REGULATION NO 3017/79 , IS UNDER A DUTY TO ESTABLISH OBJECTIVELY THE FACTS CONCERNING THE EXISTENCE OF SUBSIDIZATION PRACTICES AND OF INJURY CAUSED THEREBY TO COMMUNITY UNDERTAKINGS , IT IS NO LESS TRUE THAT IT HAS A VERY WIDE     DISCRETION TO DECIDE , IN TERMS OF THE INTERESTS OF THE COMMUNITY , ANY MEASURES NEEDED TO DEAL WITH THE SITUATION WHICH IT HAS ESTABLISHED .
27 IT IS IN THE LIGHT OF THOSE CONSIDERATIONS , ORIGINATING IN THE SCHEME OF REGULATION NO 3017/79 THAT IT IS NECESSARY TO DECIDE WHETHER COMPLAINANTS HAVE THE RIGHT TO BRING AN ACTION .
28 IT SEEMS CLEAR , FIRST , IN THAT RESPECT - AND THE POINT IS NOT DISPUTED BY THE COMMISSION - THAT COMPLAINANTS MUST BE ACKNOWLEDGED TO HAVE A RIGHT TO BRING AN ACTION WHERE IT IS ALLEGED THAT THE COMMUNITY AUTHORITIES HAVE DISREGARDED RIGHTS WHICH HAVE BEEN RECOGNIZED SPECIFICALLY IN THE REGULATION , NAMELY THE RIGHT TO LODGE A COMPLAINT , THE RIGHT , WHICH IS INHERENT IN THE AFOREMENTIONED RIGHT , TO HAVE THAT COMPLAINT CONSIDERED BY THE COMMISSION WITH PROPER CARE AND ACCORDING TO THE PROCEDURE PROVIDED FOR , THE RIGHT TO RECEIVE INFORMATION WITHIN THE LIMITS SET BY THE REGULATION AND FINALLY , IF THE COMMISSION DECIDES NOT TO PROCEED WITH THE COMPLAINT , THE RIGHT TO RECEIVE INFORMATION COMPRISING AT THE LEAST THE EXPLANATIONS GUARANTEED BY ARTICLE 9 ( 2 ) OF THE REGULATION .
29 FURTHERMORE IT MUST BE ACKNOWLEDGED THAT , IN THE SPIRIT OF THE PRINCIPLES WHICH LIE BEHIND ARTICLES 164 AND 173 OF THE TREATY , COMPLAINANTS HAVE THE RIGHT TO AVAIL THEMSELVES , WITH REGARD BOTH TO THE ASSESSMENT OF THE FACTS AND TO THE ADOPTION OF THE PROTECTIVE MEASURES PROVIDED FOR BY THE REGULATION , OF A REVIEW BY THE COURT APPROPRIATE TO THE NATURE OF THE POWERS RESERVED TO THE COMMUNITY INSTITUTIONS ON THE SUBJECT .
30 IF FOLLOWS THAT COMPLAINANTS MAY NOT BE REFUSED THE RIGHT TO PUT BEFORE THE COURT ANY MATTERS WHICH WOULD FACILITATE A REVIEW AS TO WHETHER THE COMMISSION HAS OBSERVED THE PROCEDURAL GUARANTEES GRANTED TO COMPLAINANTS BY REGULATION NO 3017/79 AND WHETHER OR NOT IT HAS COMMITTED MANIFEST ERRORS IN ITS ASSESSMENT OF THE FACTS , HAS OMITTED TO TAKE INTO CONSIDERATION ANY ESSENTIAL MATTERS OF SUCH A NATURE AS TO GIVE RISE TO A BELIEF IN THE EXISTENCE OF SUBSIDIZATION OR HAS BASED THE REASONS FOR ITS DECISION ON CONSIDERATIONS AMOUNTING TO A MISUSE OF POWERS . IN THAT RESPECT , THE COURT IS REQUIRED TO EXERCISE ITS NORMAL POWERS OF REVIEW OVER A DISCRETION GRANTED TO     A PUBLIC AUTHORITY , EVEN THOUGH IT HAS NO JURISDICTION TO INTERVENE IN THE EXERCISE OF THE DISCRETION RESERVED TO THE COMMUNITY AUTHORITIES BY THE AFOREMENTIONED REGULATION .
31 IT FOLLOWS FROM THE FOREGOING THAT THE ATTITUDE ADOPTED BY THE COMMISSION IS EXCESSIVE INASMUCH AS IT CONSIDERS THAT ANY ACTION BROUGHT BY THE COMPLAINANTS DESCRIBED IN ARTICLE 5 OF THE REGULATION IS , IN PRINCIPLE , INADMISSIBLE . AS HAS BEEN SHOWN ABOVE , THE REGULATION ACKNOWLEDGES THAT UNDERTAKINGS AND ASSOCIATIONS OF UNDERTAKINGS INJURED BY SUBSIDIZATION PRACTICES ON THE PART OF NON-MEMBER COUNTRIES HAVE A LEGITIMATE INTEREST IN THE INITIATION OF PROTECTIVE ACTION BY THE COMMUNITY ; IT MUST THEREFORE BE ACKNOWLEDGED THAT THEY HAVE A RIGHT OF ACTION WITHIN THE FRAMEWORK OF THE LEGAL STATUS WHICH THE REGULATION CONFERS UPON THEM .