Court Decision Referring to the Recognition of Legal Remedies for the Application of Community Law

The Court, in its decision regarding Case 246/80, C. Broekmeulen v. Huisarts Registratie Commissie, states that ‘If, according to the legal system of a Member State, the responsibility for implementing provisions issued by Community bodies has been assigned to a professional organization, which is, to a certain extent, under the control of the administration, and if this organization establishes, within this framework and in cooperation with the competent administrative authorities, legal remedies capable of affecting the exercise of rights conferred by Community law, the effective result of this law requires that the Court be able to rule on issues of interpretation and validity that may arise in the context of such a dispute.’
From the above, it follows that due to the lack of an appropriate legal remedy before the ordinary courts, on a matter concerning the application of Community law, the appeals committee, which has been established by such an organization, performs its duties with the approval of public authorities and operates with their assistance, and whose decisions, issued in adversarial proceedings, are indeed recognized as final, must be considered as a court of a Member State within the meaning of Article 177 of the EEC Treaty (now Article 234).