Piraiki-Patraiki v Commission
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''Piraiki-Patraiki v Commission'' (1985
Case 11/82
is an
EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
in the European Union.


Facts

Greek manufacturers claimed that exports of cotton to France should not be limited, as they had entered contracts to export cotton that were not carried out, when the Commission took a decision. This decision, based on art 130 of the Greek Act of Accession, allowed France to restrict imports of cotton yarn from Greece. Piraiki-Patraiki challenged the decision.


Judgment

Crucially there was an exporter that had a live contract to export, and one that did not. The Court of Justice held that the exporter with the contract was individually concerned as it was part of a closed group, and annulled the decision where it was concerned. However, the exporter without a contract, despite being directly concerned (affected by the measure), was found not to be individually concerned. Furthermore, article 130 imposed an obligation on the Commission to take the interests of such exporters into account, and the Commission had not done so. Regarding direct concern, because possibility that France would not decide to exercise authority was ‘entirely theoretical’, the discretion was not sufficient, in this case, to preclude direct concern.


See also

*
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...


Notes

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References

* Court of Justice of the European Union case law