Regione Puglia v Commission of the European Communities and Kingdom of Spain. (Agriculture) [1998] EUECJ T-609/97 (23 October 1998)
A regional body of a Member State cannot bring an action for annulment against a regulation of general application under Article 173 EC Treaty, as it is not considered a 'Member State' for the purposes of proceedings before Community courts, nor is it individually concerned by the regulation.
Source-derived case information.
- Citation
- [1998] EUECJ T-609/97
- Parties
- Applicant: Regione Puglia; Respondent: Commission of the European Communities; Respondent: Kingdom of Spain
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Order on Admissibility
- Outcome
- inadmissible
- Legal Topics
- Standing of Regional Bodies, Production Aid for Olive Oil, Admissibility of Actions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Regione Puglia
Applicant
Commission of the European Communities
Respondent
Kingdom of Spain
Respondent
Procedural Posture
Action for Annulment / Order on Admissibility
Legal Issues
- 1 Whether a regional body of a Member State has standing to challenge a regulation of general application under Article 173 EC Treaty
- 2 Whether the regulation is of direct and individual concern to Regione Puglia
Ratio Decidendi
A regional body of a Member State cannot bring an action for annulment against a regulation of general application under Article 173 EC Treaty, as it is not considered a 'Member State' for the purposes of proceedings before Community courts, nor is it individually concerned by the regulation.
Court Disposition
inadmissible
Orders
- The action brought by Regione Puglia is 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) >> Regione Puglia v Commission of the European Communities and Kingdom of Spain. (Agriculture) [1998] EUECJ T-609/97 (23 October 1998) URL: https://www.bailii.org/eu/cases/EUECJ/1998/T60997.html Cite as: [1998] EUECJ T-609/97 [ 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. 61997B0609 Order of the Court of First Instance (Fourth Chamber)of 23 October 1998. Regione Puglia v Commission of the European Communities and Kingdom of Spain. Agriculture - Regulation having general application - Action brought by a regional body - Inadmissibility. Case T-609/97. European Court reports 1998 Page II-04051 Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation fixing the amount of production aid payable in advance to producers of olive oil - Action brought by a Member State regional body founding on the measure's impact on that region - Inadmissible (EC Treaty, Art. 173, second and fourth paras; Commission Regulation No 1979/97) A regional body of a Member State has no right of action against a regulation determining, in the context of the common organisation of the markets in oils and fats, the estimated production of olive oil and the amount of unit production aid that may be paid in advance for any given marketing year to producers established in the Community, claiming that the reduction brought about by the regulation in the amount of aid payable has significant socio-economic consequences for its region. A regional body cannot rely on the second paragraph of Article 173 of the Treaty since it is clear from the general scheme of the Treaty that the term `Member State', for the purposes of the provisions relating to proceedings before the Community courts, refers only to the government authorities of the Member States of the European Communities and cannot be extended to the governments of the regions, irrespective of the powers they may have. Notwithstanding the fact that the body in question may possess the requisite legal personality to bring an action under the fourth paragraph of Article 173, since the regulation in question is not in the nature of a decision, the general interest that such an applicant may have - as the body responsible for the economic and social affairs within its jurisdiction - in obtaining a result that is favourable to the economic prosperity of the region, is not sufficient on its own to enable it to be regarded as individually concerned by the provisions of the 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/T60997.html