Order of the Court (Fifth Chamber) of 24 September 2009 – Município de Gondomar v Commission

(Case C-501/08 P)

Appeal – Cohesion fund – Regulation (EC) No 1164/94 – Cancellation of Community financial assistance – Action for annulment – Admissibility – Measures of direct and individual concern to the applicant)

1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria – Commission decision addressed to a Member State, cancelling financial assistance granted by the Cohesion Fund (Art. 230, fourth para., EC) (see paras 25-32)

2.                     Appeals – Grounds – Inadequate statement of reasons – Reliance by the Court of First Instance on implied reasoning – Whether permissible – Conditions (Art. 225 EC; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 33-35)

3.                     European Communities – Judicial review of the legality of the acts of the institutions – Necessary for natural or legal persons to proceed by way of a preliminary ruling on validity – National courts obliged to apply national procedural rules in such a way as to make it possible to challenge the legality of acts of the institutions (Arts 10 EC, 230, fourth para., EC and 234 EC) (see paras 37-39)

Re:

Operative part: