ECJ Action for annulment – Commission’s refusal to include an overseas country in the provisional list of third countries established by Article 23 of Directive 92/46/EEC – Actionable measure. Only a measure whose legal effects are binding on the applicant and are capable of affecting his interests is an act or decision which may be the subject of an action for annulment. In the case of acts adopted by a procedure involving several stages, and particularly where they are the culmination of an internal procedure, it is in principle only those measures which definitively determine the position of the Commission or the Council that are open to challenge and not intermediate measures whose purpose is to prepare for the final decision. An act which is neither capable of producing nor intended to produce any legal effects cannot form the basis of an action for annulment. In order to ascertain whether or not a measure produces such effects it is necessary to look to its substance.
Citations:
[2000] EUECJ C-147/96
Links:
European
Updated: 03 June 2022; Ref: scu.161851