Judgment_paragraph 28 · French Republic v Commission of the European Communities (T-240/04)

28As the contested regulation imposes obligations only on the Commission and not on third parties, it is not a regulation within the meaning of Article 161 E A, but a regulation sui generis. In accordance with Case C-322/88 Grimaldi [1989] ECR 4407, it is not the title or the form of the contested regulation which defines its nature, but the content of its provisions. While the contested regulation takes the form of a regulation to reinforce the obligations which the Commission imposes on itself, by establishing procedures allowing for the more efficient implementation of Articles 41 EA to 44 EA and Regulation No 2587/1999, it does not impose obligations on third parties and is therefore not a regulation within the meaning of Article 161 EA. Consequently, the Commission considers that the fact that the provisions, which appear in the legal basis cited for the contested regulation, do not provide for the adoption of regulations by the Commission within the meaning of Article 161 EA, is irrelevant as regards its competence to adopt the contested regulation.

French Republic v Commission of the European Communities (T-240/04)

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