TWD Textilwerke Deggendorf GmbH v Bundesrepublik Deutschland (C-188/92)

Judgment of 9 Mar 1994

law://eu/cjeu/1992/c-188-92/para_23@2026-11-12

23In that judgment the Court took into account the fact that the rejection of the application by the national authority was the only measure directly addressed to the person concerned of which it had necessarily been informed in good time and which it could challenge in the courts without encountering any difficulty in demonstrating its interest in bringing proceedings. It held that in those circumstances the possibility of pleading the unlawfulness of the Commission's decision derived from a general principle of law which found its expression in Article 184 of the EEC Treaty, namely the principle which confers upon any party to proceedings the right to challenge, for the purpose of obtaining the annulment of a decision of direct and individual concern to that party, the validity of previous acts of the institutions which form the legal basis of the decision which is being attacked, if that party was not entitled under Article 173 of the Treaty to bring a direct action challenging those acts by which it was thus affected without having been in a position to ask that they be declared void (see the judgment in Case 92/78 Simmenthal v Commission [1979] ECR 777).

TWD Textilwerke Deggendorf GmbH v Bundesrepublik Deutschland (C-188/92)

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