Case T-29/03

Comunidad Autónoma de Andalucía

v

Commission of the European Communities

(European Anti-Fraud Office (OLAF) – Report on the administrative investigation into the marketing of olive oil in Andalusia, Spain – Complaint – Inadmissibility)

Summary of the Order

1.      Actions for annulment – Jurisdiction of the Community judicature – Direction issued to an institution – Not permissible

(Art. 230 CE)

2.      Actions for annulment – Action against a decision refusing to withdraw or amend an earlier act – Admissibility to be assessed in relation to the possibility of challenging the act at issue – Report of the European Anti-Fraud Office (OLAF) on an external administrative investigation – Inadmissibility

(Art. 230 EC; European Parliament and Council Regulation No 1073/1999, Art. 9)

1.      When exercising judicial review of legality under Article 230 EC, the Community judicature has no jurisdiction to issue directions to Community institutions.

(see para. 26)

2.      In the context of an action for annulment, where the contested act is negative in character, it must be appraised in the light of the nature of the request to which it constitutes a reply. In particular, the refusal by a Community institution to withdraw or amend an act may constitute an act whose legality may be reviewed under Article 230 EC only if the act which the Community institution refuses to withdraw or amend could itself have been contested under that provision.

In that respect, a letter from the Director-General of the European Anti-Fraud Office (OLAF), informing the applicant that it was impossible to investigate its complaint against a report on an external administrative investigation, cannot be regarded as a decision capable of being the subject-matter of an action, since that report does not constitute a measure having binding legal effects such as to affect the interests of the applicant, but is merely a recommendation or opinion without binding legal effects.

(see paras 30-33)