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