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Order of the Court of First Instance (Third Chamber) of 16 March 1998. # Anthony Goldstein v Commission of the European Communities. # Action for annulment - Request for interim measures to be taken by the Commission - Powers of the Commission - Confirmatory act - Lack of interest in bringing proceedings - Inadmissibility. # Case T-235/95.
ECLI:EU:T:1998:56
61995TO0235(02)
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61995B0235(02)
European Court reports 1998 Page II-00523
Summary
Keywords
1 Actions for annulment - Action brought against a decision confirming a decision not challenged within the time-limit - Inadmissible - Definition of a confirmatory decision - Identical decision taken after re-examination of the circumstances - Excluded from the definition (EC Treaty, Art. 173)
2 Actions for annulment - Actionable measures - Definition - Measures producing legal effects - Administrative procedure for the application of competition rules - Decision to reject a request for interim measures (EC Treaty, Arts 85, 86 and 173, fourth para.; Regulation No 17, Art. 3(1))
Summary
3 An action for the annulment of a decision which merely confirms a previous decision not contested within the time-limit for bringing the proceedings is inadmissible. A decision is merely confirmatory of a previous decision if it contains no new factor as compared with the previous measure and was not preceded by a re-examination of the circumstances of the person to whom that previous measure was addressed.
4 An action for annulment may be brought only against measures which produce binding legal effects capable of affecting the applicant's interests by bringing about a significant change in his legal situation. In order for a decision refusing a request for interim measures under Article 3(1) of Regulation No 17 to constitute an actionable measure, the Commission must have the power to order the measures requested.