Judgment_paragraph 69 · ViaSat, Inc. v European Commission (T-245/17)

69To determine whether a measure or decision for which annulment is sought produces such effects, it is necessary to look to its substance (judgment of 11 November 1981, IBM v Commission, 60/81, EU:C:1981:264, paragraph 9) as well as the intention of those who drafted it in their classification of that measure or decision (judgments of 17 July 2008, Athinaïki Techniki v Commission, C‑521/06 P, EU:C:2008:422, paragraph 42, and of 26 January 2010, Internationaler Hilfsfonds v Commission, C‑362/08 P, EU:C:2010:40, paragraph 52). By contrast, the form in which a measure or decision is adopted is in principle irrelevant to the admissibility of an application for annulment (see, to that effect, judgments of 11 November 1981, IBM v Commission, 60/81, EU:C:1981:264, paragraph 9, and of 7 July 2005, Le Pen v Parliament, C‑208/03 P, EU:C:2005:429, paragraph 46).