Judgment_paragraph 46 · Associação dos Refinadores de Açúcar Portugueses (ARAP), Alcântara Refinarias - Açúcares SA and RAR Refinarias de Açúcar Reunidas SA v Commission of the European Communities (T-82/96)

46It is settled case-law that the right under Article 184 of the Treaty to raise an objection of illegality ‘gives expression to the general principle conferring on 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’ (Case 92/78 Simmenthal v Commission [1979] ECR 777, paragraph 39).

Associação dos Refinadores de Açúcar Portugueses (ARAP), Alcântara Refinarias - Açúcares SA and RAR Refinarias de Açúcar Reunidas SA v Commission of the European Communities (T-82/96)

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