Opinion of mr Advocate General Tesauro delivered on 12 July 1990

1 Original language: Italien.

2 OJ 1988 C 264, p. 3.

3 OJ, English Special Edition 1970 (I), p. 218.

4 Forţei de Chãtillon v High Authority [1966] ECR 185; similarly, judgment in Joined Cases 23/63, 24/63 and 52/63 Utinei Henricotv High Authority [1963] ECR 217.

5 Cimenteries s Commission [1967] ECR 75, particularly at P.91.

6 IBM v Commission [1981] ECR 2639.

7 In this context, particular importance attaches to the judgments establishing the standing of the European Parliament as a defendant: in Cases 230/81 Luxembourg v European Parliament [1983] ECR 255, 108/83 Luxembourg v European Parliament [1984] ECR 1945, 294/83 Les Verts v European Parliament [1986] ECR 1339 and 190/84 Les Verts s European Parliament [1988] ECR 1017. In all these cases, the Court decided that an act of the European Parliament (such as a resolution) can also be the subject of an action where it is intended to produce legal effects vis-a-vis third parties.

8 Case 22/70 Commissions Council[1971] ECR 276.

9 United Kingdoms Commissioni [1988] ECR 5289.

10 See Joined Cases 8/66 to 11/66, supra; judgment in Case 53/85 AKZO v Commission [1986] ECR 1965; and Case 114/86, supra, paragraph 12.

11 Case 54/65, supra, at p 195; Case 60/81, supra, paragraph 9.

12 In Case 151/88 Italian Republic v Commission [1989] ECR 1255.

13 Supra, paragraph 9.

14 Judgment in Case 74/69 Hauplzollamt Bremen v Krohn [1970] ECR 451, paragraph 9.

15 Phoenix-Rheinrohrv High Authority [1959] ECR 75; on the same date and to the same effect, Joined Cases 32/58 and 33/58 [1959] ECR 127.

16 Joined Cases 8/66 to 11/66, supra. Even more significant in that regard — even though it was given in proceedings concerning the Staff Regulations — is the judgment in Joined Cases 316/82 and 40/83 Nelly Kohler v Court of Auditors [1984] ECR 641, in which the Court held an action against an oral decision to be admissible.

17 Judgment in Case 22/70 Commission v Council, supra It is worth noting that the application in that action was also brought under the first paragraph of Article 173 On that occasion the Court took the term acts to include Council proceedings relating to the negotiation and conclusion of an agreement (the proceedings in question laid down rules of conduct and included the adoption of procedural provisions)

18 OJ 1990 C 137, p. 10.

19 OJ 1989 L 202, p 32.

20 OJ 1988 C 24, p. 8.

21 Supra, paragraph 21.

22 Supra, paragraph 13.

23 Supra, paragraph 10.

24 Supra, paragraphs 13 and 14.