Keywords
Summary

Keywords

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action brought by an association of undertakings which took part in the procedure for adopting the measure – Admissibility – Conditions

(Art. 230, fourth para., EC)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action brought by operators particularly affected by the contested regulation – Inadmissibility

(Art. 230, fourth para., EC)

Summary

1. Annulment actions brought by an association of undertakings may, when that association has participated in the procedure leading to the adoption of the contested measure, be regarded as admissible in at least three types of situation: when a legal provision expressly grants it a series of procedural powers; when the association itself is distinguished because of the impact on its interests as an association, in particular because its negotiating position has been affected by the measure whose annulment is sought; and when it represents the interests of members which would, themselves, be entitled to bring proceedings.

Damage to the position as negotiator of an association which took part in the procedure which led to the contested measure being adopted can affect its specific interests only where its position as negotiator is clearly circumscribed and intimately linked to the subject-matter of the contested provision. Therefore, the mere provision of information by the association to the Community institutions during the legislative process leading to the adoption of the contested measure is not sufficient to establish that the contested measure damages a clearly circumscribed position as negotiator of the association.

(see paras 44, 47, 49)

2. The fact that certain operators are economically more affected by a regulation than others is not sufficient for them to be regarded as individually concerned by that measure within the meaning of the fourth paragraph of Article 230 EC. Nor are they individually concerned on the ground that they are obliged to end an autonomous economic activity which they carry out by virtue of authorisation issued by a national authority.

(see paras 53-54)