64Next, as regards the condition, also laid down in the first subparagraph of Article 27(2) of the CSEE, that the action must be directed against an ‘act based on the Convention or rules made under it, adversely affecting such persons’, it is clear, first, from the case-law of the Court that that concept of an ‘act adversely affecting’ a person must be interpreted broadly and must be understood as any act that is capable of directly affecting a particular legal position (see, to that effect, judgment in Oberto and O’Leary, paragraphs 49 and 53). That is clearly the case of a decision refusing a pupil the right of access to the year above.