Order — ECLI:EU:T:2003:109
Date: 2003-04-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Transport
Concepts: General
Procedure: Action for annulment - inadmissible
Origin: Netherlands

Summary of the Order 
Actions for annulment — Actionable measures — Meaning — Measures producing 
binding legal effects — Letter from a Commission head of unit interpreting provisions 
of a regulation — Head of unit not acting on the basis of a legal provision giving him a 
decision-making power — Not covered 
(Art. 230 EC; Council Regulation No 1101/89) 
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SUMMARY — CASE T-280/02 
An action for annulment, brought by 
owners of a motor vessel who were asked 
to pay the special contribution required by 
Regulation No 1101/89 on structural 
improvements in inland waterway trans­
port against a letter from the head of unit 
of the relevant Commission service provid­
ing them with an interpretation of that 
regulation in the light of the specific case 
submitted to him, is inadmissible. 
The only measures or decisions which are 
capable of being the subject of an action for 
annulment under Article 230 EC are those 
which produce binding legal effects so as to 
affect the interests of an applicant by 
bringing about a distinct change in his 
legal position. That was not the case with 
the letter in question, since the head of unit 
did not act on the basis of a legal provision 
which gave him a decision-making power, 
but merely gave them a non-binding 
opinion on the matter. The mere fact that 
a letter has been sent by a Community 
institution to its addressee in response to a 
request made by the latter is not sufficient 
for that letter to be characterised as a 
decision within the meaning of Article 230 
EC. 
(see paras 23, 26-27) 
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