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.

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 .