Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji v European Commission (T-126/19)

Judgment of 16 Jun 2021

law://eu/cjeu/2019/t-126-19/para_34@2026-11-15

34However, it is also settled case-law that Article 277 TFEU must be interpreted sufficiently broadly to enable effective judicial review of the legality of acts of general application adopted by the institutions in favour of persons excluded from direct actions against such acts. Thus, the scope of Article 277 TFEU must extend to acts of the institutions which were relevant to the adoption of the decision forming the subject matter of the action for annulment, in the sense that that decision must essentially be based on them, even if such acts did not formally constitute the legal basis of that decision (see judgment of 30 April 2019, Wattiau v Parliament, T‑737/17, EU:T:2019:273, paragraph 57 and the case-law cited). In addition, the rules of one single regime cannot, for the purposes of examining the objection of illegality, be artificially separated (see, to that effect, judgment of 8 September 2020, Commission and Council v Carreras Sequeros and Others, C‑119/19 P and C‑126/19 P, EU:C:2020:676, paragraph 76).

Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji v European Commission (T-126/19)

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