Thursday, February 2, 2012

IBM v. Commission case brief

Case 60/81, [1981] ECR 2639

IBM challenged proceedings against it, raising numerous objections.  Commission declined to terminate the proceedings, IBM brought suit under EC Treaty Article 230.

-Article 230 states that proceedings may be brought for a declaration that acts of the Council and the Commission other than recommendations and opinions are void.
-Any measure of 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 230 for a declaration that it is void.
-It can not be a procedural measure that was intended to pave the way for the final decision.

Neither the initiation or a procedure nor a statement of objections may be considered, on the basis of their nature and the legal effects that they produce, as being decisions within the meaning of Article 230 Treaty which may be challenged in an action for a declaration that they are void.


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