Source: All England Reporter
Publisher Citation: [2002] All ER (D) 234 (Oct)
Court: Court of First Instance of the European Communities
Judge:

Judges Jaeger (President), Lenaerts and Azizi

Judgment Dates: 17 October 2002

Catchwords

European Communities - Actions - Annulment - Commission decisions - Nature of challengeable decisions - Decisions relating to aid granted to fisheries sector - Article 230 EC (formerly EC Treaty, art 173) - Council Regulation (EEC) 4028/86 - Commission Regulation (EEC) 1116/88.

The Case

In order to establish whether a fax and letter constituted challengeable acts within the meaning of art230 EC (formerly EC Treaty, art173), their contents had to be the focus of concern, since the form in which an act or decision was adopted was, in principle, immaterial as regards the question whether it could be the subject of an action for annulment. The effect of the fax and letter in the instant case was to reduce the amount of aid granted to the applicant and showed the existence of an individual decision having binding legal effects capable of affecting the applicant's interests by bringing about a distinct change in its legal position. The fact that the letter had been addressed to the applicant's legal adviser did not invalidate the finding that the applicant was the person to whom the decision was addressed. Accordingly, the fax and letter were capable of being the subject of an application for annulment under art230 EC.

Practice Areas

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