Judgment_paragraph 26 · Commission of the European Communities v Greencore Group plc (C-123/03 P)

26In that respect, citing the Court's case-law according to which a letter that merely confirms an initial decision does not constitute a decision against which an action for annulment may be brought, for it does not bring about a distinct change in its addressee's position (see, inter alia, Case C-199/91 Foyer culturel du Sart-Tilman [1993] ECR I-2667, paragraph 23), the Commission argues that that is the case with regard to the letter of 11 February 2002 which did not reexamine the merits of the case and contained nothing capable of bringing about a distinct alteration in Greencore's legal position.