Federation nationale des producteurs de vins de table et vins de pays v Commission of the European Communities. [1979] EUECJ C-60/79 (11 July 1979)

[ 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) >> Federation nationale des producteurs de vins de table et vins de pays v Commission of the European Communities. [1979] EUECJ C-60/79 (11 July 1979) URL: https://www.bailii.org/eu/cases/EUECJ/1979/C6079.html Cite as: [1979] EUECJ C-60/79 [ 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. 61979O0060 Order of the Court of 11 July 1979. Fédération nationale des producteurs de vins de table et vins de pays v Commission of the European Communities. Case 60/79. European Court reports 1979 Page 02429 1 . ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - TRADE ASSOCIATIONS - MEASURE CHALLENGED AFFECTING THE GENERAL INTERESTS OF THEIR CATEGORY - INADMISSIBILITY ( EEC TREATY , SECOND PARAGRAPH OF ART . 173 ) 2 . ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - MEASURE APPLIED FOR - REGULATION - INADMISSIBILITY ( EEC TREATY , THIRD PARAGRAPH OF ART . 175 ) 1 . IT IS NOT POSSIBLE TO ACCEPT THE PRINCIPLE THAT AN ASSOCIATION , IN ITS CAPACITY AS THE REPRESENTATIVE OF A CATEGORY OF BUSINESSMEN , IS INDIVIDUALLY CONCERNED BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THAT CATEGORY . 2 . A REGULATION AMENDING ANOTHER REGULATION CANNOT BE CLASSIFIED AS A MEASURE WHICH MAY BE ADDRESSED TO A NATURAL OR LEGAL PERSON WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 OF THE EEC TREATY . IN CASE 60/79 FEDERATION NATIONALE DES PRODUCTEURS DE VINS DE TABLE ET VINS DE PAYS V COMMISSION OF THE EUROPEAN COMMUNITIES ACCORDING TO ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE , UNLESS THE COURT OF JUSTICE DECIDES OTHERWISE THE REMAINDER OF THE PROCEEDINGS CONCERNING A PRELIMINARY OBJECTION IS TO BE ORAL . THE COURT IS OF THE OPINION THAT THERE ARE NO GROUNDS FOR OPENING THE ORAL PROCEDURE AND IT HAS DECIDED , AS PROVIDED FOR IN ARTICLE 91 ( 3 ), TO ADJUDICATE FORTHWITH UPON THE APPLICATION IN THE LIGHT OF THE WRITTEN STATEMENTS . THE APPLICANT ' S APPLICATION IS INADMISSIBLE . AS FAR AS THE APPLICATION FOR THE ANNULMENT PURSUANT TO THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY IS CONCERNED THE REGULATION IN QUESTION CANNOT BE CONSIDERED TO BE A DECISION ADDRESSED TO THE APPLICANT WITHIN THE MEANING OF THAT ARTICLE OR TO BE A DECISION OF DIRECT AND INDIVIDUAL CONCERN TO IT , ALTHOUGH IN THE FORM OF A REGULATION . THE REGULATION IN QUESTION IS IN FACT PURELY LEGISLATIVE AND APPLIES TO EVERY WINE-PRODUCER IN THE COMMUNITY . MOREOVER IT SHOULD BE STRESSED THAT , AS THE COURT HAS ALREADY DECLARED , IN PARTICULAR IN ITS JUDGMENT OF 14 DECEMBER 1962 IN JOINED CASES 16 AND 17/62 ( CONFEDERATION NATIONALE DES PRODUCTEURS DE FRUITS ET DE LEGUMES AND OTHERS AND FEDERATION NATIONALE DES PRODUCTEURS DE RAISINS DE TABLE V COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY ( 1962 ) ECR 479 ), IT IS NOT POSSIBLE TO ACCEPT THE PRINCIPLE THAT AN ASSOCIATION , IN ITS CAPACITY AS THE REPRESENTATIVE OF A CATEGORY OF BUSINESSMEN , IS INDIVIDUALLY CONCERNED BY A MEASURE AFFECTING THE GENERAL INTERESTS OF THAT CATEGORY . THE ACTION UNDER THIS HEAD IS THEREFORE INADMISSIBLE . AS FAR AS THE APPLICATION UNDER ARTICLE 175 OF THE TREATY IS CONCERNED THE ONLY LEGAL INSTRUMENT WHICH MIGHT POSSIBLY MEET THE APPLICANT ' S REQUEST WOULD HAVE BEEN A REGULATION AMENDING REGULATION NO 130/79 ; AN AMENDING REGULATION OF THIS KIND CANNOT BE CLASSIFIED AS A MEASURE WHICH MAY BE ADDRESSED TO THE APPLICANT WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 175 . THE ACTION UNDER THIS HEAD IS THEREFORE ALSO INADMISSIBLE . ON THOSE GROUNDS , THE COURT HEREBY ORDERS AS FOLLOWS : 1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE . 2 . THE APPLICANT SHALL PAY THE COSTS . © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1979/C6079.html