37It should be observed that, like Article 230 EC, Article 263 TFEU draws a clear distinction between the right of EU institutions and Member States to bring an action for annulment and that of legal persons and individuals, in that the second paragraph of Article 230 EC gives all Member States the right to contest the legality of decisions of the Commission by means of an action for annulment without having to establish any legal interest in bringing proceedings. A Member State need not therefore prove that an act of the Commission which it is contesting produces legal effects with regard to that Member State in order for its action to be admissible. However, in order for an act of the Commission to be the subject of an action for annulment, it must be intended to have binding legal effects (see, to that effect, order in Case C-208/99Portugal v Commission [2001] ECR I-9183, paragraphs 22 to 24, and Joined Cases C-463/10 P and C-475/10 PDeutsche Post and Germany v Commission [2011] ECR I-9639, paragraph 36 and the case-law cited), which must be determined by having regard to its substance.