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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Federation nationale des producteurs de vins de table et vins de pays v Commission of the European Communities. [1979] EUECJ C-59/79 (11 July 1979)
URL: http://www.bailii.org/eu/cases/EUECJ/1979/C5979.html
Cite as: [1979] EUECJ C-59/79

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IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities. The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.
   

61979O0059
Order of the Court of 11 July 1979.
Fédération nationale des producteurs de vins de table et vins de pays v Commission of the European Communities.
Case 59/79.
European Court reports 1979 Page 02425

 
   






ACTION FOR FAILURE TO ACT - NATURAL OR LEGAL PERSONS - NOTICE TO THE INSTITUTION TO ACT - REQUEST FOR ADOPTION OF A MEASURE - CONCEPTS - REQUEST FOR A FINDING THAT AID GRANTED BY A STATE IS NOT COMPATIBLE WITH THE COMMON MARKET - BAR - INADMISSIBILITY
( EEC TREATY , SECOND AND THIRD PARAGRAPHS OF ART . 175 )


A PERSON OTHER THAN A MEMBER STATE WHO HAS BEEN GIVEN NOTICE BY THE COMMISSION , AS PROVIDED FOR IN THE FIRST SUBPARAGRAPH OF ARTICLE 93 ( 2 ) OF THE EEC TREATY , TO SUBMIT HIS COMMENTS ON AID CONTEMPLATED BY A MEMBER STATE AND WHO HAS AVAILED HIMSELF OF THIS OPPORTUNITY TO REQUEST THE COMMISSION TO FIND THAT THE AID IS NOT COMPATIBLE WITH THE COMMON MARKET , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 93 ( 3 ), IS NOT ENTITLED TO BRING AN ACTION FOR FAILURE TO ACT IF THE COMMISSION FAILS TO COMPLY WITH THAT REQUEST WITHIN A PERIOD OF TWO MONTHS .

IN FACT SUCH A REQUEST ON THE ONE HAND DOES NOT CONSTITUTE AN ' ' INVITATION ' ' WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 175 OF THE TREATY SINCE THE COMMISSION HAS A REASONABLE PERIOD WITHIN WHICH TO COMPLETE THE PROCEDURE INITIATED PURSUANT TO ARTICLE 93 AND , ON THE OTHER HAND , DOES NOT SATISFY THE REQUIREMENTS OF THE THIRD PARAGRAPH OF ARTICLE 175 , SINCE IT IS NOT INTENDED TO REQUIRE THE COMMISSION TO ADDRESS AN ACT TO THE APPLICANT .


IN CASE 59/79
FEDERATION NATIONALE DES PRODUCTEURS DE VINS DE TABLE ET VINS DE PAYS
V
COMMISSION OF THE EUROPEAN COMMUNITIES


ACCORDING TO ARTICLE 91 ( 3 ) OF THE RULES OF PROCEDURE , UNLESS THE COURT OF JUSTICE DECIDES OTHERWISE THE REMAINDER OF THE PROCEEDINGS CONCERNING A PRELIMINARY OBJECTION IS TO BE ORAL . THE COURT IS OF THE OPINION THAT THERE ARE NO GROUNDS , FOR OPENING THE ORAL PROCEDURE AND IT HAS DECIDED , AS PROVIDED FOR IN ARTICLE 91 ( 3 ), TO ADJUDICATE FORTHWITH UPON THE APPLICATION IN THE LIGHT OF THE WRITTEN STATEMENTS .

THE APPLICATION IS INADMISSIBLE . IF THE COMMISSION DECIDES TO INITIATE A PROCEDURE PURSUANT TO THE PROVISIONS OF ARTICLE 93 OF THE EEC TREATY IT HAS A REASONABLE PERIOD WITHIN WHICH TO COMPLETE THIS PROCEDURE . THE FACT THAT THE APPLICANT AVAILED ITSELF OF THE OPPORTUNITY AFFORDED IT BY THE COMMISSION DURING THIS PROCEDURE TO SUBMIT ITS COMMENTS CANNOT BE ASSIMILATED TO THE INSTITUTION ' S ' ' BEING CALLED UPON TO ACT ' ' WITHIN THE MEANING OF ARTICLE 175 OF THE TREATY WHICH CAUSES THE PERIOD OF TWO MONTHS REFERRED TO IN THE SECOND PARAGRAPH OF THAT ARTICLE TO START TO RUN . FURTHERMORE IT SHOULD BE POINTED OUT THAT A NATURAL OR LEGAL PERSON MAY COMPLAIN TO THE COURT OF JUSTICE , PURSUANT TO THE PROVISIONS OF THE THIRD PARAGRAPH OF THE SAME ARTICLE , ONLY THAT AN INSTITUTION HAS FAILED TO ADDRESS TO THAT PERSON ANY ACT OTHER THAN A RECOMMENDATION OR AN OPINION . THE APPLICANT HAS NOT ADDRESSED TO THE COMMISSION AN APPLICATION WHICH FULFILS THOSE CONDITIONS .


ON THOSE GROUNDS ,
THE COURT
HEREBY ORDERS AS FOLLOWS :
1 . THE APPLICATION IS DISMISSED AS INADMISSIBLE .

2 . THE APPLICANT IS ORDERED TO PAY THE COSTS .

  
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URL: http://www.bailii.org/eu/cases/EUECJ/1979/C5979.html