Judgment_paragraph 55 · R.J. Reynolds Tobacco Holdings, Inc. and Others v Commission of the European Communities (C-131/03 P)

55Therefore, contrary to what the appellants maintain, it is not only preparatory acts which fall outside the scope of the judicial review provided for in Article 230 EC but any act not producing legal effects which are binding on and capable of affecting the interests of the individual, such as confirmatory measures and implementing measures (see, in particular, Case C-46/03 United Kingdom v Commission [2005] ECR I-10167, paragraph 25), mere recommendations and opinions (Case C-476/93 P Nutral v Commission [1995] ECR I-4125, paragraph 30) and, in principle, internal instructions (see France v Commission, paragraph 9).