Judgment_paragraph 30 · Zunis Holding SA and Finan Srl and Massinvest SA v Commission of the European Communities (T-83/92)

30In deciding whether the present application is admissible, it should first be pointed out that, as the Court of Justice has ruled (order in Case C-25/92 Miethke v Parliament [1993] ECR I-473), the fact that a letter has been sent by a Community institution to a person in response to a prior request by that person is not sufficient for that letter to be regarded as a decision within the meaning of Article 173 of the Treaty, thereby opening the way for an action for annulment. Only measures having binding legal effects of such a nature as to affect the interests of the applicant by having a significant effect on his legal position constitute acts or decisions against which proceedings for annulment may be brought under Article 173 of the EEC Treaty (see the judgment of the Court of First Instance in Joined Cases T-10/92, T-11/92, T-12/92 and T-15/92 Cimenteries CBR and Others v Commission [1992] ECR II-2667, paragraph 28).

Zunis Holding SA and Finan Srl and Massinvest SA v Commission of the European Communities (T-83/92)

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