ECJ An action brought by a natural or legal person pursuant to the third paragraph of Article 175 of the EEC Treaty and concerning the implementation of Article 90 of the Treaty falls, pursuant to Article 3(1)(c) of Council Decision 88/591 establishing the Court of First Instance, within the jurisdiction of the Court of First Instance. Although Article 90(1) and the general rules which the Commission may lay down pursuant to Article 90(3) specify the obligations of the Member States, those provisions concern the implementation of the competition rules applicable to undertakings inasmuch as they prohibit the enactment or maintenance in force of State legislation which could affect the application of those rules to undertakings enjoying a particular status.
Where such an action is brought before it, the Court of Justice must, by virtue of the second paragraph of Article 47 of its Statute, refer that action to the Court of First Instance.
O. Due, P
 ECR I-2213,  EUECJ C-424/92
Updated: 03 June 2022; Ref: scu.161033