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Set aside in whole or in part the order [of the General Court (Seventh Chamber) of 16 December 2011 in Case T-202/10] in accordance with the pleas in law put forward by this appeal;

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Refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice;

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Order the Commission to pay the costs of these proceedings as well as the costs of the proceedings before the General Court.

1.

According to the first plea in law the General Court infringed European Union law, erred in its assessment of the relevant facts and provided insufficient grounds for the order by regarding the appellants as merely potential beneficiaries of the aid scheme approved by the Commission. The General Court disregards the fact that, before the decision, (1) the appellants benefited from the existing aid measures that were required to be amended as a result of the decision. The appellants are not, therefore, merely potential beneficiaries of the modified aid, but also in fact beneficiaries of the existing aid. In the latter capacity the decision at issue is indeed of individual concern to them.

2.

According to the second plea in law the General Court infringed European Union law, erred in its assessment of the relevant facts and provided insufficient grounds for the order in ruling that the appellants do not belong to a closed group of existing housing corporations. The purely theoretical possibility that a certain group of beneficiaries of aid might be expanded in the future is not sufficient for it to be regarded as not being a closed group. Furthermore the existing housing corporations do form a closed group, as they are more severely affected by the decision than a hypothetical institution that may yet be approved as a housing corporation after the decision.