[1] The opinion, handed down 13 October 2011, interprets Article 263 of the Treaty on the Functioning of the European Union to mean that any official act on the part of any body, office or agency of the European Union that produces binding legal effects affecting the interests of a natural or legal person is open to challenge before the Court of Justice.
38 It must, however, be emphasised that the case-law cited in the paragraph above was developed in the context of actions brought before the EU judicature by natural or legal persons against measures of which they were the addressees.
Where, as in the case giving rise to the order in Deutsche Post v Commission, an action for annulment is brought by a non-privileged applicant against a measure that has not been addressed to it, the requirement that the binding legal effects of the measure being challenged must be capable of affecting the interests of the applicant by bringing about a distinct change in his legal position overlaps with the conditions laid down in the fourth paragraph of Article 263 TFEU.
[...] 73 in that respect, it should be noted that the fact that the act at issue is not addressed to Deutsche Post is irrelevant for assessing whether that undertaking is individually concerned by that measure, for the purposes of the fourth paragraph of Article 263 TFEU.
74 Next, it must be noted that the information injunction refers to a procedure for examining a State aid measure from which Deutsche Post is alleged to have benefited.