UNITED STATES OF AMERICA WHERE IT IS ALSO THE SUBJECT OF LEGAL PROCEEDINGS .
5 THE COMMISSION , SUPPORTED BY MEMOREX SA , INTERVENING , LODGED AN OBJECTION OF INADMISSIBILITY UNDER ARTICLE 91 ( 1 ) OF THE RULES OF PROCEDURE . THE COURT DECIDED TO ADJUDICATE ON THE OBJECTION OF INADMISSIBILITY WITHOUT GOING INTO THE SUBSTANCE OF THE CASE .
6 IN SUPPORT OF THE OBJECTION THE COMMISSION AND THE INTERVENER MEMOREX SUBMIT THAT THE MEASURES IN QUESTION ARE PROCEDURAL STEPS WHEREBY THE COMMISSION EXPRESSES AN OPINION WHICH IT MAY LATER CHANGE , AND AS THOSE STEPS ARE PREPARATORY TO THE FINAL DECISION TO BE ADOPTED BY THE COMMISSION ON THE CONCLUSION OF THE PROCEDURE THEY DO NOT CONSTITUTE DECISIONS CAPABLE OF BEING CHALLENGED UNDER ARTICLE 173 OF THE EEC TREATY .
7 IBM MAINTAINS THAT THE INITIATION OF A PROCEDURE AND NOTIFICATION OF THE OBJECTIONS AMOUNT TO DECISIONS WITHIN THE MEANING OF ARTICLE 173 OF THE EEC TREATY BY REASON OF THEIR LEGAL NATURE AND THEIR CONSEQUENCES , AND THAT SUCH MEASURES MAY THEREFORE BE THE SUBJECT-MATTER OF AN ACTION .
8 ACCORDING TO ARTICLE 173 OF THE TREATY PROCEEDINGS MAY BE BROUGHT FOR A DECLARATION THAT ACTS OF THE COUNCIL AND THE COMMISSION OTHER THAN RECOMMENDATIONS OR OPINIONS ARE VOID . THAT REMEDY IS AVAILABLE IN ORDER TO ENSURE , AS REQUIRED BY ARTICLE 164 , THAT IN THE INTERPRETATION AND APPLICATION OF THE TREATY THE LAW IS OBSERVED , AND IT WOULD BE INCONSISTENT WITH THAT OBJECTIVE TO INTERPRET RESTRICTIVELY THE CONDITIONS UNDER WHICH THE ACTION IS ADMISSIBLE BY LIMITING ITS SCOPE MERELY TO THE CATEGORIES OF MEASURES REFERRED TO IN ARTICLE 189 .
9 IN ORDER TO ASCERTAIN WHETHER THE MEASURES IN QUESTION ARE ACTS WITHIN THE MEANING OF ARTICLE 173 IT IS NECESSARY , THEREFORE , TO LOOK TO THEIR SUBSTANCE . ACCORDING TO THE CONSISTENT CASE-LAW OF THE COURT ANY MEASURE THE LEGAL EFFECTS OF WHICH ARE BINDING ON , AND CAPABLE OF AFFECTING THE INTERESTS OF , THE APPLICANT BY BRINGING ABOUT A DISTINCT CHANGE IN HIS LEGAL POSITION IS AN ACT OR DECISION WHICH MAY BE THE SUBJECT OF AN ACTION UNDER ARTICLE 173 FOR A DECLARATION THAT IT IS VOID . HOWEVER , THE FORM IN WHICH SUCH ACTS OR DECISIONS ARE CAST IS , IN PRINCIPLE , IMMATERIAL AS REGARDS THE QUESTION WHETHER THEY ARE OPEN TO CHALLENGE UNDER THAT ARTICLE .
10 IN THE CASE OF ACTS OR DECISIONS ADOPTED BY A PROCEDURE INVOLVING SEVERAL STAGES , IN PARTICULAR WHERE THEY ARE THE CULMINATION OF AN INTERNAL PROCEDURE , IT IS CLEAR FROM THE CASE-LAW THAT IN PRINCIPLE AN ACT IS OPEN TO REVIEW ONLY IF IT IS A MEASURE DEFINITIVELY LAYING DOWN THE POSITION OF THE COMMISSION OR THE COUNCIL ON THE CONCLUSION OF THAT PROCEDURE , AND NOT A PROVISIONAL MEASURE INTENDED TO PAVE THE WAY FOR THE FINAL DECISION .
11 IT WOULD BE OTHERWISE ONLY IF ACTS OR DECISIONS ADOPTED IN THE COURSE OF