Deutsche Post AG and Federal Republic of Germany v European Commission (C-463/10 P)

Judgment of 13 Oct 2011

law://eu/cjeu/2010/c-463-10/para_36@2026-11-14

36According to consistent case-law, developed in the context of actions for annulment brought by Member States or institutions, any measures adopted by the institutions, whatever their form, which are intended to have binding legal effects are regarded as acts open to challenge, within the meaning of Article 263 TFEU (see, in particular, Case 22/70 Commission v Council (‘ERTA’) [1971] ECR 263, paragraph 42; Case C‑316/91 Parliament v Council [1994] ECR I-625, paragraph 8; Spain v Commission, cited above, paragraph 27; Joined Cases C‑138/03, C‑324/03 and C‑431/03 Italy v Commission [2005] ECR I‑10043, paragraph 32; Case C‑301/03 Italy v Commission [2005] ECR I‑10217, paragraph 19; Case C‑370/07 Commission v Council [2009] ECR I‑8917, paragraph 42). The case-law further shows that a Member State, such as the applicant in Case C‑475/10 P, may admissibly bring an action for annulment of a measure producing binding legal effects without having to demonstrate that it has an interest in bringing proceedings (see, to that effect, Case 45/86 Commission v Council [1987] ECR. 1493, paragraph 3 and Commission v Council [2009] ECR I-8917, paragraph 16).

Deutsche Post AG and Federal Republic of Germany v European Commission (C-463/10 P)

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