Case C-131/03 P, R.J. Reynolds Tobacco and Others v. Commission, Judgment of the Grand Chamber of 12 September 2006

The present case, C-131/03 P, R.J. Reynolds Tobacco and Others v. Commission, addresses the issue of admissibility in actions for annulment initiated by private parties, and more specifically the condition that the challenged measure must entail binding legal effects capable of altering the legal position of the applicants. The case concerned an action for annulment under Article 230(4) EC initiated by tobacco companies against decisions of the Commission in which the Commission opted to bring legal proceedings against them. The judgment of the Court of Justice annotated was an appeal against the judgment of the Court of First Instance in Philip Morris and Others v. Commission. The application of the "legal effects" test in the present case requires further attention. In spite of the fact that it seems to be a complex condition including elements such as "binding legal effects", "affecting interests" and "changing the legal position", Community courts appear to enjoy wide discretion as to how the test should be applied in a given case.