Order — ECLI:EU:T:2000:186
Date: 2000-07-11
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Provisions governing the Institutions
Concepts: General;Costs
Procedure: Action for annulment - inadmissible
Origin: United Kingdom

Summary of the Order 
1. Actions for annulment — Actionable measures — Definition — Measures producing 
legal effects — Action for annulment of a decision confirming a decision not contested 
within the time-limit — Concept of confirmatory act — Identical decision adopted 
after re-examination of the situation — Inadmissibility 
(Art. 230 EC) 
2. Procedure — Costs — Costs unreasonably or vexatiously caused 
(Rules of Procedure of the Court of First Instance, Art. 87(3), second subpara.) 
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SUMMARY — CASE T-35/00 
1. Only those measures which produce 
binding legal effects capable of affect­
ing the applicant's interests by bringing 
about a significant change in his legal 
situation constitute acts or decisions 
against which an action for annulment 
may be brought under Article 230 EC. 
Consequently, an action for annulment 
of a decision which merely confirms a 
decision not contested within the time-
limit for bringing proceedings is inad­
missible. A decision is merely confir­
matory if it contains no new factor as 
compared with the previous measure 
and was not preceded by a re-exam­
ination of the situation of the addressee 
of the previous decision. 
(see para. 8) 
2. The second subparagraph of Arti­
cle 87(3) of the Rules of Procedure of 
the Court of First Instance must be 
applied, and a party, even if successful, 
be ordered to pay to the other party 
costs which it has caused that party to 
incur and which the Court considers 
unreasonable or vexatious. The costs 
relating to proceedings which are 
themselves unreasonable or vexatious 
must be regarded as such. 
(see para. 14) 
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