Keywords
Summary

Keywords

1. Actions for annulment — Actionable measures — Meaning — Measures producing binding legal effects — Decision declaring a system of aid notified compatible with the common market — No distinct change in the situation of a Member State which requested an assessment of the legality of that system of aid — Not possible to bring an action for annulment against such a decision — (Arts 87 EC, 88 EC and 230 EC)

2. Actions for annulment — Actionable measures — Grounds of a decision — Excluded — (Art. 230 EC)

Summary

1. Only a measure whose legal effects are binding on the applicant and are capable of affecting his interests by bringing about a distinct change in his legal position is an act or decision which may be the subject of an action for annulment under Article 230 EC.

To determine whether an act or decision produces such effects, it is necessary to look to its substance.

A decision, adopted under Article 87(1) EC and under Article 87(3)(c) EC declaring a system of aid notified to be compatible with the common market, in so far as in its notification of the system the authorities of that Member State requested the Commission to assess the legality of that measure in the light of Articles 87 EC and 88 EC, does not have such an effect, because it does not bring about a distinct change in the legal position of the Member State.

see paras 18-20

2. Regardless of the grounds on which a Commission decision is based, only the operative part thereof is capable of producing legal effects and, as a consequence, of adversely affecting a person ' s interests. By contrast, the assessments made in the recitals to a decision are not in themselves capable of forming the subject of an application for annulment. They can be subject to judicial review by the Community judicature only to the extent that, as grounds of an act adversely affecting a person ' s interests, they constitute the essential basis for the operative part of that act.

see para. 21