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Order of the Court of First Instance (Second Chamber) of 15 May 1997. # Georges Berthu v Commission of the European Communities. # Economic and monetary policy - Commission proposal - Action for annulment - Replacement of the term "ECU" provided for in Article 109g of the EC Treaty by the term "euro" - Manifest inadmissibility. # Case T-175/96.
ECLI:EU:T:1997:72
61996TO0175
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61996B0175
European Court reports 1997 Page II-00811
Summary
Keywords
Actions for annulment - Actionable measures - Definition - Measures producing binding legal effects - Proposals for a regulation - Preparatory acts
(EC Treaty, Arts 173, fourth para., and 235)
Summary
Any measure the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position is an act or decision which may be the subject of an action for a declaration that it is void. In the particular case of acts or decisions adopted by a procedure involving several stages, that condition is satisfied in principle only if it is a measure definitively laying down the position of the institution concerned on the conclusion of that procedure.
It follows that a preliminary or purely preparatory measure, such as a proposal for a regulation submitted by the Commission to the Council under the procedure described in Article 235 of the Treaty, may not form the subject of any action for its annulment.