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Nigel Foster. EU Law Directions 6 ed. 2018. p. 246.

9.1.5.3 Instances in which ‘individual’ has been recognised

Where the identity of the natural or legal persons affected is fixed and ascertainable (the closed group category)

In Cases 106 and 107/63 Töpfer v Commission, it was held that, in order to establish individual concern, an applicant must be affected alone or as a member of a fixed and closed class. The closed group enables the identity of the natural or legal persons affected to be fixed and thus ascertainable. Töpfer was so identified because the company had applied for a licence prior to a Commission decision that retroactively empowered the refusal of licences, and Töpfer was therefore identifiable.

  1. What does "empowered" in boldened phrase mean? "decided/judged"?

  2. How exactly was Töpfer "so identified because the company had applied for a licence prior to a Commission decision that retroactively empowered the refusal of licences"? How does Töpfer's application identify him?

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