Order of the Court of First Instance (Fifth Chamber) of 22 April 2009 – Bundesverband Deutscher Milchviehhalter and Others v Council
(Case T-217/08)
Action for annulment – Regulation (EC) No 248/2008 – Milk quota scheme – Increase in national milk quotas – Applicants not individually concerned –Inadmissible
1.Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them –Regulation modifyingnational quotas for milk – Measure of general scope – Action by milk producers – Applicants not individually concerned– Inadmissibility (Art. 230, fourth para., EC; Council Regulation No 248/2008) (see paras 29, 33-40, 46)
2.European Communities – Judicial review of the legality of the acts of the institutions – Measures of general scope (Arts 230, fourth para., EC, 234 EC, 235 EC, 241 EC and 288, second para., EC) (see paras 50-52)
3.Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action brought by a trade association set up to protect and represent its members – Admissibility – Conditions (Art. 230, fourth para., EC) (see para. 55)
Re:
| APPLICATION for annulment of Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6). |
Operative part
1. |
| The action is dismissed. |
2. |
| The Bundesverband Deutscher Milchviehhalter eV, Romuald Schaber, Stefan Mann and Walter Peters are ordered to bear their own costs and to pay those incurred by the Council. |
3. |
| The Commission is ordered to bear its own costs. |