45It is true that, as has been recognised by settled case-law, only the operative part of a decision is capable of producing legal effects and, consequently, of adversely affecting a person’s legal interests, regardless of the grounds on which the decision is based. By contrast, the assessments made in the recitals of a decision are not in themselves capable of forming the subject of an action for annulment and can be subject to review by the European Union judicature only to the extent that, as grounds for an act adversely affecting a person’s interests, they constitute the necessary basis for the operative part of that act (see, to this effect, the order in Case C-164/02 Netherlands v Commission [2004] ECR I-1177, paragraph 21, and the order in Case T-387/04 EnBW Energie Baden-Württemberg v Commission [2007] ECR II-1195, paragraph 127). Here, however, although the operative part of the contested decision does not expressly reject the correction requested relating to installation No 116 as inadmissible, it is apparent upon reading Article 2 of the decision, the annex and recital 3 together that it is specifically because of the ground of inadmissibility adopted in recital 3 that that correction was not included in the annex containing the corrections which the Central Administrator was instructed, under Article 1 of the decision, to integrate into the Belgian NAP table.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.