Judgment_paragraph 51 · China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission (C-478/21 P)

51The persons capable of being distinguished individually by an EU measure in the same way as the addressees of a decision include those persons who participated in the process by which that measure is adopted. The fact that a person participates in the process by which an EU measure is adopted does not distinguish that person individually with regard to the measure in question unless provision has been made under the EU rules for procedural guarantees in favour of that person (see, to that effect, judgment of 4 October 1983, Fediol v Commission, 191/82, EU:C:1983:259, paragraph 31, and order of 17 February 2009, Galileo Lebensmittel v Commission, C‑483/07 P, EU:C:2009:95, paragraph 53). The precise scope of an individual’s right of action against an EU measure depends on his or her legal position as defined by EU law with a view to protecting the legitimate interests thus afforded him or her (judgment of 28 February 2019, Council v Growth Energy and Renewable Fuels Association, C‑465/16 P, EU:C:2019:155, paragraph 107 and the case-law cited).