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Case C-60/81 IBM [1981]

For an action of judicial review to bought under ART 263 TFEU, the measure being reviewed must:

  • Be assessed by way of its legal effects
  • Produce legal effects which clearly change the applicant’s legal position

A statement of objection issued against IBM within the area of competition law did not have any legal effect capable of clearly altering IBM’s legal position, therefore could not be reviewed.

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