Judgment_paragraph 45 · T-234/04

45In the fourth place, there is no doubt that, in relation to the contested decision, Decision 2003/549 is a provisional decision. According to the case-law, in the case of acts or decisions adopted by a procedure involving several stages, in particular where they are the culmination of an internal procedure, an act is open to review only if it is a measure definitively laying down the position of the institution at the end of that procedure, and not a provisional measure intended to pave the way for that final decision (Case T-37/92 BEUC and NCC v Commission [1994] ECR II-285, paragraph 27; and Case T-277/94 AITEC v Commission [1996] ECR II-351, paragraph 51; Order in Case T-219/01 R Commerzbank v Commission [2001] ECR II-3501, paragraph 33).

Kingdom of the Netherlands v Commission of the European Communities (T-234/04)

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