Judgment_paragraph 4. · DGV, Deutsche Getreideverwertung und Rheinische Kraftfutterwerke GmbH and others v Council and Commission of the European Communities (C-241/78, C-242/78, C-246/78, C-247/78, C-248/78, C-249/78)

4.The Council points out in its rejoinder that the applicants have brought proceedings against the Community in order to obtain a payment to which, under the legislation applicable, they are not entitled. Consequently, the Council asks whether the applications are not in reality meant to secure the adoption of a regulation. It adds that if that is the case these actions are no different from an action, for annulment and in reality seek by means of a claim for payment to obtain the restoration by the Council of a right to refunds for a particular period. Doubting whether such an action is in accordance with the decision of the Court in Case 43/72 Merkur v Commission [1973] ECR 1055, judgment of 24 October 1973, the Council concludes that the actions are inadmissible.Finally, the Council asks whether in this case the Court could not treat such a claim as an action for a failure to act brought by an individual in order to compel it to adopt a general measure. Once again, such a claim is inadmissible according to the settled case-law of the Court.

DGV, Deutsche Getreideverwertung und Rheinische Kraftfutterwerke GmbH and others v Council and Commission of the European Communities (C-241/78, C-242/78, C-246/78, C-247/78, C-248/78, C-249/78)

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