68In that regard, as the Advocate General observed in points 79 and 121 of her Opinion, in the light of the first paragraph of Article 263 TFEU, the third party for which the act concerned has legal effects does not necessarily have to be the applicant. Any natural or legal person distinct from the author of that act is a third party. Therefore, in order to establish whether that act produces such effects, it is not necessary to ascertain whether those effects are capable of affecting the applicant’s legal situation, that verification being relevant only in the context of the examination of compliance with the conditions laid down in the fourth paragraph of Article 263 TFEU, according to which an action for annulment of an act is available to any person directly and individually concerned by it, where that latter provision applies (see, to that effect, judgment of 13 February 2025, Swissgrid v Commission, C‑121/23 P, EU:C:2025:83, paragraph 46). Whether an act is open to challenge must therefore be assessed objectively, on the basis of its substance, and not by reference to the applicant.
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