Judgment_paragraph 39 · Asian Institute of Technology (AIT) v Commission of the European Communities (C-547/03 P)

39The AIT submits that, by applying the Court's judgment in Case 60/81 IBM v Commission [1981] ECR I-2639, the Court of First Instance infringed the fourth paragraph of Article 230 EC. According to the AIT, the admissibility of its action should be examined in the light of the Court's judgment in Case 25/62 Plaumann v Commission [1963] ECR 95. The AIT submits that all the conditions laid down in that case are satisfied in the present case. Taking as a basis the judgment in Case C-309/89 Codorniu v Council [1994] ECR I-1853, it maintains that the decision at issue prejudices, inter alia, its entitlement to use the name and logo ‘CEERD’ which appear in a number of documents in the case, thereby distinguishing its situation in relation to that of all other economic operators.