Judgment_paragraph 61 · Italian Republic and Comune di Milano v Council of the European Union and European Parliament (C-106/19)

61In the first place, concerning whether the Commune di Milano is directly concerned by the contested regulation, it should be noted that the requirement laid down in the fourth paragraph of Article 263 TFEU, that a natural or legal person must be directly concerned by the measure forming the subject matter of the proceedings requires the fulfilment of two cumulative criteria, namely the contested measure should, first, directly affect the legal situation of the individual and, secondly, leave no discretion to the addressees who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from EU rules alone without the application of other intermediate rules (see, to that effect, judgments of 6 November 2018, Scuola Elementare Maria Montessori v Commission, Commission v Scuola Elementare Maria Montessori and Commission v Ferracci, C‑622/16 P to C‑624/16 P, EU:C:2018:873, paragraph 42, and of 22 June 2021, Venezuela v Council (Whether a third state is affected), C‑872/19 P, EU:C:2021:507, paragraph 61 and the case-law cited).

Italian Republic and Comune di Milano v Council of the European Union and European Parliament (C-106/19)

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