Judgment_paragraph 123 · Philip Morris International, Inc and Others v Commission of the European Communities (T-377/00, T-379/00, T-380/00, T-260/01, T-272/01)

123It must be stated that individuals are not denied access to justice because conduct lacking the features of a decision cannot be challenged by way of an action for annulment, since an action for non-contractual liability under Article 235 EC and the second paragraph of Article 288 EC is available if the conduct is of such a nature as to entail liability for the Community.