Europa 1. For an application by an undertaking against a general decision of the high authority to be admissible, the undertaking in question must convincingly point to facts and circumstances indicating the probability that in this instance the high authority, through want of foresight or serious lack of care amounting to disregard for the purpose of the law, has pursued other objectives than those for which the powers provided by the treaty were conferred upon it. Cf. Para. 2, summary, case 8/57, (1958) ECR 227. 2. A general decision is one which establishes a legislative principle, laying down conditions for its implementation and setting out the legal consequences resulting from them. Cf. Para. 5, summary, case 13/57, (1958) ECR 265. 3. A general decision is not vitiated by misuse of powers against an undertaking by the mere circumstances that that decision might be discriminatory or incomplete, above all since the remedy against such a possibility lies in the vigilance of the persons concerned who, under article 33, are enabled to contest the implementing measures concerning them on all the grounds set out in the said provision.
Citations:
C-4/64, C-3/64, [1965] EUECJ C-4/64
Links:
European
Updated: 20 May 2022; Ref: scu.131733