Azienda Agricola Tre e Mezzo v Commission of the European Communities. (Agriculture) [1998] EUECJ T-269/97 (9 September 1998)
The regulation was addressed in general terms to undetermined classes of persons and applied to objectively determined situations; the applicants were not individually concerned, as they were affected only in their capacity as organic producers like any other operator in an identical situation. Therefore, the action...
Source-derived case information.
- Citation
- [1998] EUECJ T-269/97
- Parties
- Applicant: Azienda Agricola Tre e Mezzo; Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Order on Admissibility
- Outcome
- action dismissed as inadmissible
- Legal Topics
- Admissibility of Actions, Regulations of General Application, Organic Farming, Individual Concern
Source-derived case record
Summary, issues, holding and outcome
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Parties
Azienda Agricola Tre e Mezzo
Applicant
Commission of the European Communities
Respondent
Procedural Posture
Action for Annulment / Order on Admissibility
Legal Issues
- 1 Whether Regulation No 1488/97 is of direct and individual concern to the applicant so as to render the action for annulment admissible
Ratio Decidendi
The regulation was addressed in general terms to undetermined classes of persons and applied to objectively determined situations; the applicants were not individually concerned, as they were affected only in their capacity as organic producers like any other operator in an identical situation. Therefore, the action was inadmissible.
Court Disposition
action dismissed as inadmissible
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Azienda Agricola Tre e Mezzo v Commission of the European Communities. (Agriculture) [1998] EUECJ T-269/97 (9 September 1998) URL: https://www.bailii.org/eu/cases/EUECJ/1998/T26997.html Cite as: [1998] EUECJ T-269/97 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61997B0269 Order of the Court of First Instance (First Chamber)of 9 September 1998. Azienda Agricola Tre e Mezzo v Commission of the European Communities. Agriculture - Action for annulment of a regulation having general application - Inadmissibility Case T-269/97. European Court reports 1998 Page II-03105 Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation excluding the use of certain pest control products in organic farming - Action brought by producers who habitually use one of the excluded products - Inadmissible (EC Treaty, Art. 173; Commission Regulation No 1488/97) An action contesting Regulation No 1488/97 - amending Regulation No 2092/91 and excluding certain products from the list of products which may be used for the purposes of pest and disease control in the organic production of agricultural products - brought by farmers who habitually use one of the excluded products is inadmissible. In the first place, the Regulation in question is addressed in abstract and general terms to undetermined classes of persons; it applies to objectively determined situations; and it is directed to the applicants only in their objective capacity as producers of organic agricultural products, in the same way as any other operator who is actually or potentially in an identical situation. Secondly, on the facts, the applicants in the present case are not individually concerned by that Regulation. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1998/T26997.html