Keywords
Summary

Keywords

Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Preparatory measures – Not included

(Arts 230 EC and 256 EC; Financial regulation applicable to the Ninth European Development Fund, Arts 44, 45 and 46(2))

Summary

Only measures which produce binding legal effects and are capable of affecting the interests of the applicant by bringing about a distinct change in his legal position constitute measures challengeable by an action for annulment under Article 230 EC.

In the case of acts or decisions adopted by a procedure involving several stages, in particular where they are the culmination of an internal procedure, in principle, an act is open to review only if it is a measure definitively laying down the position of the Commission at the conclusion of that procedure, and not a provisional measure intended to pave the way for that final decision.

It is clear from various provisions of the financial regulation applicable to the Ninth European Development Fund that a debit note constitutes information given to the debtor. Since Article 44 and Article 46(2) of the said regulation mention a distinct enforceable decision subsequent to the debit note in the framework of the recovery procedure, the debit note is clearly not enforceable. It is a preparatory measure preceding the possible adoption of a decision by the Commission to continue the recovery procedure either by initiating legal proceedings or by adopting a decision under Article 256 EC. Consequently, it does not constitute a measure definitively laying down the position of the Commission, does not produce binding legal effects that are capable of affecting the interests of the applicant and, consequently, cannot constitute a measure challengeable by way of an action for annulment under Article 230 EC.

(see paras 67, 69, 76)