Order — ECLI:EU:T:2001:258
Date: 2001-10-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices
Concepts: General
Procedure: Action for annulment - inadmissible;Application to intervene - decision unnecessary
Origin: France

Summary of the Order 
Actions for annulment — Action contesting a decision which merely confirms a previous 
decision — Claims directed against both a confirmed decision and a confirmatory 
decision in the same action — Admissible in certain circumstances — Two separate 
actions challenging the confirmed decision and the confirmatory decision — Inadmissible 
(Art. 230, fourth para., EC) 
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SUMMARY — CASE T-354/00 
While it is true that the concept of a 
confirmatory act has been developed in 
case-law in particular in order to prevent 
the bringing of an action which would have 
the effect of causing expired limitation 
periods to begin to run again — and that, 
consequently, in situations where there has 
been no such circumvention of the time-
limits for bringing an action, the Commu­
nity judicature has on some occasions 
acknowledged the admissibility of claims 
directed against both a confirmed decision 
and a confirmatory decision in the same 
action — that solution cannot be applied 
where the confirmed decision and the 
confirmatory decision are contested in 
two separate actions and the applicant 
can defend his point of view and put his 
arguments in the first action. 
(see paras 34-35) 
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