Judgment_paragraph 3. · Société CAM SA v Commission of the European Communities (100/74)

3.In its statement of defence the Commission disputes the admissibility of the application. It considers, in the first place, that Regulation No 2546/74 constitutes a measure having a legislative function and that, in any case, the applicant is not individually concerned, within the meaning of the second paragraph of Article 173, by that measure.Regulation No 2546/74 is one of a series of measures, all entering into force on 7 October 1974 with a view to bringing into operation the decision to increase agricultural prices by 5 %, which was laid down by Regulation No 2496/74 of the Council. Taking into account the fact that detailed legislation would be necessary to put that decision into effect and to lay down the detailed rules within the framework of the various organizations of the market, the Council by Article 4 of Regulation No 2496/74 empowered the Commission to adopt detailed rules in accordance with what is known as the ‘management Committee procedure’. It was in application of this delegating provision that Regulation No 2518/74 ‘on the measures to be taken following the all-round increase with effect from 7 October 1974 of agricultural prices’ (OJ L 270 of 5. 10. 1974, p. 1) as well as the contested regulation were adopted. Regulation No 2546/74 thus partook of the general nature of Regulations Nos 2496/74 and 2518/74 with which it forms an indissoluble whole.The applicant, further, is not individually concerned either by Regulation No 2546/74 which concerns not only holders of licences for which refunds have been fixed in advance but also holders of import licences for which levies have been fixed in advance.The Court of Justice furthermore specified in its judgment of 16 April 1970 (Case 64/69, Compagnie française commentate et financière v Commission, [1970] ECR 221) that where a measure has the character of a regulation that character is not called in issue by virtue of the fact that the number and even the identity of the persons to whom it applies at a given moment may be determined more or less precisely, provided that it is clear that this application depends on an objective legal or factual situation defined by the measure with reference to its purpose.On the other hand although the retroactivity of a contested measure has been regarded by the Court as a necessary condition for its individual nature, it is not however a sufficient condition in that respect (Judgments of 1 July 1965 in Joined Cases 106 and 107/63, Toepfer [1965] ECR 405; Judgment of 23 November 1971 in Case 62/70, Bock, Rec. 1971, p. 897 and Judgment of 13 May 1971 in Joined Cases 41 to 44/70, International Fruit Company, Rec. 1971, p. 411).

Société CAM SA v Commission of the European Communities (100/74)

Key facts

History · 1 version

Connections