Judgment_paragraph 82 · R.J. Reynolds Tobacco Holdings, Inc. and Others v Commission of the European Communities (C-131/03 P)

82The Court of First Instance was also right to hold, in paragraph 123 of the judgment under appeal, that even though individuals are unable to bring an action for annulment of those measures, they are not denied access to justice since an action for non-contractual liability under Article 235 EC and the second paragraph of Article 288 EC is available if the conduct in question is of such a nature as to entail liability on the part of the Community.