Judgment_paragraph 38 · TestBioTech eV and Others v European Commission (C-82/17 P)

38A request for internal review of an administrative act is thus intended to establish that, as alleged, the act in question is unlawful or that it is not well founded. The party making the request may then, in accordance with Article 12 of Regulation No 1367/2006, read in conjunction with Article 10 thereof, bring the matter before the EU judicature by instituting proceedings — on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers — against the decision rejecting the request for internal review as unfounded.