43The Court observes in limine that, according to the case-law of the Court of Justice, ‘in order to ascertain whether the measures in question are acts within the meaning of Article 173 it is necessary ... to look to their substance. ... 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 under Article 173 for a declaration that it is void’ (judgment of the Court of Justice in Case 60/81 IBM v Commission [1981] ECR 2639; see, to the same effect, the judgment of the Court of First Instance in Case T-64/89 Automec v Commission [1990] ECR II-367).
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