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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.
ECLI:EU:C:1979:189
61979CO0060
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61979O0060
European Court reports 1979 Page 02429
Summary
2 . ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - MEASURE APPLIED FOR - REGULATION - INADMISSIBILITY ( EEC TREATY , THIRD PARAGRAPH OF ART . 175 )
Parties
IN CASE 60/79
FEDERATION NATIONALE DES PRODUCTEURS DE VINS DE TABLE ET VINS DE PAYS
Grounds
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 .
Operative part
ON THOSE GROUNDS ,
HEREBY ORDERS AS FOLLOWS :
2 . THE APPLICANT SHALL PAY THE COSTS .