COULD THEREFORE GIVE RISE ONLY TO AN ACTION FOR DAMAGES UNDER ARTICLE 215 OF THE TREATY . SECONDLY , THE ACT IN QUESTION WAS INTENDED TO ENABLE THE COMMISSION TO INVESTIGATE THE CASE MORE THOROUGHLY AND WAS THEREFORE MERELY A PREPARATORY STEP .
15 THE APPLICANT ON THE OTHER HAND SUBMITS THAT ITS APPLICATION IS ADMISSIBLE . IT MAINTAINS THAT THE CONTESTED ACT HAS LEGAL EFFECT IN SO FAR AS IT REFUSES BY IMPLICATION TO ACCORD TO THE DOCUMENTS TRANSMITTED THE CONFIDENTIAL TREATMENT GUARANTEED BY THE TREATY AND REGULATION NO 17/62 . MOREOVER , IT AFFECTS THE APPLICANT ' S INTERESTS BY MAKING IT POSSIBLE FOR ECS TO USE THOSE DOCUMENTS IN LEGAL PROCEEDINGS PENDING IN THE UNITED KINGDOM . FINALLY , IT CONSTITUTES THE CULMINATION OF A SPECIAL PROCEDURE AND IS DEFINITIVE IN NATURE , WITH THE RESULT THAT IT MAY BE THE SUBJECT OF AN ACTION FOR ANNULMENT .
16 IT IS NECESSARY TO DETERMINE WHETHER , AS WAS REQUIRED BY THE COURT IN ITS JUDGMENT OF 11 NOVEMBER 1981 IN CASE 60/81 ( INTERNATIONAL BUSINESS MACHINES CORPORATION V COMMISSION ( 1981 ) ECR 2639 ), THE CONTESTED ACT CONSTITUTES A MEASURE PRODUCING LEGAL EFFECTS OF SUCH A KIND AS TO AFFECT THE APPLICANT ' S INTERESTS BY CLEARLY ALTERING ITS LEGAL POSITION .
17 IN THAT REGARD , COMMUNICATION OF DOCUMENTS TO A THIRD PARTY WHO HAS MADE A COMPLAINT IS ADMITTEDLY OF ITSELF A PHYSICAL ACT . HOWEVER , THAT ACT MERELY IMPLEMENTS A PREVIOUS DECISION WHEREBY THE COMMISSION , AS CAN BE SEEN FROM THE LETTER OF 18 DECEMBER 1984 , RESOLVED TWO ISSUES . IT DECIDED IN THE FIRST PLACE THAT DISCLOSURE WAS NECESSARY FOR THE PROPER EXAMINATION OF THE CASE AND FOR THE PROPER EXERCISE BY THE COMPLAINANT OF THE RIGHT TO BE HEARD , AND SECONDLY THAT THE DOCUMENTS IN QUESTION WERE NOT AMONG THOSE TO WHICH CONFIDENTIAL TREATMENT WAS GUARANTEED BY COMMUNITY LAW .
18 THAT DECISION HAD LEGAL EFFECT IN RELATION TO THE APPLICANT INASMUCH AS IT WITHHELD FROM THE LATTER THE PROTECTION PROVIDED BY COMMUNITY LAW .
19 IT IS NECESSARY TO DETERMINE WHETHER THAT DECISION CLEARLY ALTERED THE APPLICANT ' S LEGAL POSITION OR WHETHER IT WAS MERELY A PREPARATORY STEP AGAINST WHICH , IF IT WAS UNLAWFUL , THE ACTION BROUGHT AGAINST THE DECISION CONCLUDING THE PROCEDURE WOULD PROVIDE SUFFICIENT PROTECTION .
20 IT IS CERTAINLY TRUE THAT THE DOCUMENTS WERE TRANSMITTED WITH A VIEW TO FACILITATING THE EXAMINATION OF THE CASE . HOWEVER , THE MEASURE ADVERSELY AFFECTING THE APPLICANT IS , AS IS CLEAR FROM THE FOREGOING PARAGRAPHS , THE DECISION IN WHICH THE COMMISSION CONSIDERED THAT THE DOCUMENTS IN QUESTION DID NOT QUALIFY FOR THE CONFIDENTIAL TREATMENT GUARANTEED BY COMMUNITY LAW AND COULD THEREFORE BE COMMUNICATED . THAT MEASURE IS DEFINITIVE IN NATURE AND IS INDEPENDENT OF ANY DECISION ON THE QUESTION WHETHER ARTICLE 86 OF THE TREATY HAS BEEN INFRINGED . THE OPPORTUNITY WHICH THE APPLICANT HAS TO BRING AN ACTION AGAINST A