Keywords
Summary

Keywords

Actions for annulment — Actionable measures — Meaning — Measures producing binding legal effects — Letter from a Commission head of unit interpreting provisions of a regulation — Head of unit not acting on the basis of a legal provision giving him a decision-making power — Not covered — (Art. 230 EC; Council Regulation No 1101/89)

Summary

An action for annulment, brought by owners of a motor vessel who were asked to pay the special contribution required by Regulation No 1101/89 on structural improvements in inland waterway transport against a letter from the head of unit of the relevant Commission service providing them with an interpretation of that regulation in the light of the specific case submitted to him, is inadmissible.

The only measures or decisions which are capable of being the subject of an action for annulment under Article 230 EC are those which produce binding legal effects so as to affect the interests of an applicant by bringing about a distinct change in his legal position. That was not the case with the letter in question, since the head of unit did not act on the basis of a legal provision which gave him a decision-making power, but merely gave them a non-binding opinion on the matter. The mere fact that a letter has been sent by a Community institution to its addressee in response to a request made by the latter is not sufficient for that letter to be characterised as a decision within the meaning of Article 230 EC.

see paras 23, 26-27