Monday, April 9, 2012

Commission v. Jego-Quere & Cie

Commission v. Jego-Quere & Cie 
Case C-263-02P, [2004] ECR I-3425

It is NOT appropriate for an action for annulment before the Community Court to be available to an individual who contests the validity of a measure of general application, such as a regulation, which does not distinguish him individually in the same way as an addressee, even if it could be shown, following an examination by the Court of the particular national procedural rules, that those rules do not allow the individual to bring proceedings to contest the validity of the Community measure at issue.

Such an interpretation would require the Community Court, in each individual case, to examine and interpret national procedural law.  That would go BEYOND its jurisdiction when reviewing the legality of Community measures.

Although the condition that a natural or legal person can bring an action challenging a regulation only if he is concerned both directly and individually must be interpreted in the light of the principle of effective judicial protection by taking into account of the various circumstances that may distinguish an applicant individually, such an interpretation cannot have the effect of setting aside the condition in question, expressly laid down in the Treaty.

That applies to the interpretation (which was given by the Court of First Instance) to the effect that a natural or legal person is to be regarded as individually concerned by a Community measure of general application that concerns him directly if the measure in question affects his legal position, in a manner which is both definite and immediate, by restricting his rights or by imposing obligations on him.

Such an interpretation has the effect of removing all meaning from the requirement of individual concern set out in the fourth paragraph of Article 230 EC.

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