ECJ 1. The fact that it is possible to determine the number or even the identity of the persons to whom a measure applies at any given time is not sufficient to call into question the legislative nature of the measure, as long as it is established that it applies to them by virtue of an objective legal or factual situation defined by the measure in question in relation to its purpose. In order for a measure to be regarded as of individual concern, within the meaning of the second paragraph of Article 173 of the Treaty, to persons seeking its annulment, it must affect their legal position because of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as in the case of a person addressed.
A regulation extending eligibility under the system of premiums for maintaining suckler cows to small and medium-sized milk producers with an individual reference quantity greater than 60 000 kg of milk but not greater than 120 000 kg and who keep suckler cows applies to objectively defined situations and affects the legal position of persons referred to in general and abstract terms. It therefore concerns such milk producers only in their objective capacity as economic operators in the beef and veal sector, in the same way as any other economic operator in the same situation.
2. It is not possible to accept the principle that an association, in its capacity as representative of a category of operators, is individually concerned by a measure affecting the general interests of that category.
Citations:
T-476/93, [1993] EUECJ T-476/93
Links:
European
Updated: 06 June 2022; Ref: scu.172696
