Judgment_paragraph 54 · R.J. Reynolds Tobacco Holdings, Inc. and Others v Commission of the European Communities (C-131/03 P)

54As regards the first part of that plea in law, as the Court of First Instance rightly pointed out in paragraph 77 of the judgment under appeal, it is settled case-law that only measures 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 are acts or decisions which may be the subject of an action for annulment (see, inter alia, IBM v Commission, paragraph 9; Case C-117/91 Bosman v Commission [1991] ECR I-4837, paragraph 13; and Case C-123/03 P Commission v Greencore [2004] ECR I-11647, paragraph 44).