Compagnie Continentale (France) v Commission of the European Communities. (Emergency assistance given by the Community to the States of the former Soviet Union) [1996] EUECJ T-494/93 (24 September 1996)
The applicant undertaking was not directly concerned by the Commission's decision, as its legal relationship was only with the agent appointed by the borrowing republic, not with the Commission. The Commission's decision did not affect the legal validity of the contracts between the applicant and the agent....
Source-derived case information.
- Citation
- [1996] EUECJ T-494/93
- Parties
- Applicant: Compagnie Continentale (France); Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Judgment
- Outcome
- action dismissed as inadmissible
- Legal Topics
- Admissibility of Actions for Annulment, Direct and Individual Concern, Jurisdiction of Community Judicature
Source-derived case record
Summary, issues, holding and outcome
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Parties
Compagnie Continentale (France)
Applicant
Commission of the European Communities
Respondent
Procedural Posture
Action for Annulment / Judgment
Legal Issues
- 1 Whether the applicant undertaking is directly and individually concerned by the Commission's decision refusing to recognize amendments to contracts as conforming with Community provisions
- 2 Whether the applicant can seek restoration of rights in an action for annulment
Ratio Decidendi
The applicant undertaking was not directly concerned by the Commission's decision, as its legal relationship was only with the agent appointed by the borrowing republic, not with the Commission. The Commission's decision did not affect the legal validity of the contracts between the applicant and the agent. Therefore, the applicant lacked standing to bring the action. Additionally, claims for restoration of rights are inadmissible in an action for annulment.
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) >> Compagnie Continentale (France) v Commission of the European Communities. (Emergency assistance given by the Community to the States of the former Soviet Union) [1996] EUECJ T-494/93 (24 September 1996) URL: https://www.bailii.org/eu/cases/EUECJ/1996/T49493.html Cite as: [1996] EUECJ T-494/93 [ 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. 61993A0494 Judgment of the Court of First Instance (Third Chamber) of 24 September 1996. Compagnie Continentale (France) v Commission of the European Communities. Emergency assistance given by the Community to the States of the former Soviet Union - Invitation to tender - Action for annulment - Admissibility. Case T-494/93. European Court Reports 1996 page II-1157 1. Actions for annulment ° Natural or legal persons ° Measures of direct and individual concern to them ° Implementation of a loan granted by the Community to the Soviet Union and its constituent republics ° Commission decision addressed to the borrower, refusing to recognize amendments made to contracts concluded between the agent designated by the borrower and an undertaking to which the contract is awarded as being in conformity with the applicable Community provisions ° Action brought by the undertaking ° Inadmissibility (EC Treaty, Art. 173, fourth para.) 2. Actions for annulment ° Jurisdiction of the Community judicature ° Claims for restoration of the applicant' s rights ° Inadmissibility (EC Treaty, Art. 173) 1. In the implementation of a loan granted by the Community to the Soviet Union and its constituent republics in order to enable agricultural and food products and medical supplies to be imported, an undertaking awarded a contract for the supply of wheat is not directly concerned, within the meaning of the fourth paragraph of Article 173 of the Treaty, by a Commission decision addressed to the financial agent of the borrowing republic refusing to recognize amendments made to the contracts concluded between the contracting undertaking and the agent designated for that purpose by the borrowing republic as being in conformity with the applicable Community provisions, since that undertaking has a legal relationship only with the party with whom it contracts, namely the agent appointed to conclude purchase contracts, whilst the Commission has legal relations only with the party with whom it contracts, namely the financial agent of the borrowing republic, and the action of the Commission, whose role is merely to verify that the conditions laid down by the Community rules are fulfilled, does not therefore affect the legal validity of the aforementioned contracts. It follows that the undertaking to which the contract is awarded does not have the right to bring proceedings for annulment of the decision in question. 2. In an action for annulment based on Article 173 of the Treaty, the role of the Community judicature is restricted to reviewing the legality of the contested act. In those circumstances, a claim for restoration of the applicant' s rights goes beyond the limits of the jurisdiction conferred on the Community judicature by the Treaty and must therefore be declared inadmissible. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1996/T49493.html