Opinion of the Advocate General — ECLI:EU:C:1999:89
Date: 1999-02-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Economic, social and territorial cohesion;European Regional Development Fund (ERDF)
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Netherlands

Summary of the Judgment 
Actions for annulment — Actionable measures — Meaning — Measures producing 
binding legal effects — Interpretation by the Commission of certain provisions of a 
regulation applicable to projects co-financed by the European Regional Development 
Fund — Not covered 
(EC Treaty, Art. 173 (now, after amendment, Art. 230 EC); Council Regulation 
No 4254/88, Arts 9 and 12) 
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SUMMARY — CASE C-308/95 
Only a measure whose legal effects are 
binding on the applicant and are capable of 
affecting his interests is an act or decision 
which may be the subject of an action for 
annulment under Article 173 of the Treaty 
(now, after amendment, Article 230 EC). 
That is not the position in the case of a 
letter sent by the Commission to the 
authorities of a Member State, merely 
informing them of its interpretation of the 
provisions of a regulation — under which 
the principle of regional partnership is to 
apply and funds committed for certain 
projects co-financed by the European 
Regional Development Fund may be auto­
matically released if final payment has not 
been requested in good time — since such a 
letter serves solely to convey information 
and produces no binding legal effects as 
regards the projects concerned by the 
action. 
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