Judgment_paragraph 24 · Telefónica SA v European Commission (C-274/12 P)

24As the concept of implementing measures is not defined in the Treaties, it seems logical to interpret it literally, that is to say, to consider that it refers to any legal act necessary for implementation of another legal act. The literal meaning of that concept is equivalent to that adopted by Advocate General Jacobs in point 43 of his Opinion in Case C-50/00 P Unión de Pequeños Agricultores v Council [2002] ECR I-6677 in order to point out a possible gap in the European Union’s judicial system. According to the Commission, it is apparent from the documents relating to the work of the European Convention for the drawing up of a Treaty establishing a Constitution for Europe (OJ 2004 C 310, p. 1) that, when the provision which subsequently became the final limb of the fourth paragraph of Article 263 TFEU was drawn up, the founders’ intention was to fill that possible gap in the European Union’s judicial system. The Commission considers that the relaxing of the conditions relating to standing to bring proceedings thus reflected the intention that individuals should have a direct legal remedy against acts of general application, while, however, restricting that remedy to situations in which it is impossible for those individuals to contest the validity of an implementing act.