Keywords
Summary

Keywords

Actions for annulment - Actionable measures - Definition - Measures producing binding legal effects - Decision merely confirmatory - Not actionable

(Art. 230 EC)

Summary

$$Acts or decisions against which an action for annulment may be brought under Article 230 EC are those which produce binding legal effects capable of affecting the applicant's interests by bringing about a significant change in his legal situation. To determine whether an act or decision produces such effects, it is necessary to look to its substance. As a consequence, an action for annulment brought against a decision which merely confirms an earlier decision not challenged in due time is inadmissible. A decision is merely confirmatory where it contains no new factors as compared with the earlier decision and is not preceded by a reexamination of the situation of the addressee of the earlier decision.

( see para. 25 )