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.