Where Member States’ representative act collectively at a venue provided by the EU, it may not automatically be said that that the action resulting is an act of the institution usually comprised of those representatives.
Only acts of institutions, bodies and agencies of the EU may be reviewed under Art 263 TFEU.
Council representatives agreed, not in their capacity as Council Ministers, that aid should be given to Bangladesh. This act was not reviewable as it was an act of Member States acting collectively, not the Council an act of the Council.
