Salt Union Ltd v Commission of the European Communities (T-330/94)

Judgment of 22 Oct 1996

law://eu/cjeu/1994/t-330-94/para_32@2026-11-13

32Moreover, when an act of the Commission amounts to a rejection, it must be appraised in the light of the nature of the request to which it constitutes a reply (judgments of the Court of Justice in Case 42/71 Nordgetreide v Commission [1972] ECR 105, paragraph 5, and Joined Cases C-15/91 and C-108/91 Buckl and Others v Commission [1992] ECR I-6061, paragraph 22, and judgment of the Court of First Instance in Zunis Holding, paragraph 31). In particular, a refusal constitutes an act in respect of which an action for annulment may be brought under Article 173 of the Treaty provided that the act which the Community institution refuses to adopt could itself have been contested under that provision (judgments of the Court of Justice in Joined Cases 97/86, 193/86, 99/86 and 215/86 Asteris and Others and Greece v Commission [1988] ECR 2181, paragraph 17, and Sonito, paragraph 8).

Salt Union Ltd v Commission of the European Communities (T-330/94)

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