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.

RELATED CASE  Case 170/78 Commission v UK (Wine and Beer) [1980]

Posted in EU Law Revision Notes.

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