Appeal brought on 3 May 2021 by European Commission against the judgment of the General Court (Third Chamber, Extended Composition) delivered on 24 February 2021 in Case T-161/18, Braesch and Others v Commission

(Case C-284/21 P)

(2021/C 252/24)

Language of the case: English

Parties

Appellant: European Commission (represented by: A. Bouchagiar and K. Blanck, Agents)

Other parties to the proceedings: Anthony Braesch, Trinity Investments DAC, Bybrook Capital Master Fund LP, Bybrook Capital Hazelton Master Fund LP, Bybrook Capital Badminton Fund LP

Form of order sought

The appellant claims that the Court should:

—	set aside the judgment under appeal;

—	rule itself on the application at first instance and reject the application as inadmissible; and

—	order the other parties to the proceedings to pay the costs of the proceedings.

Pleas in law and main arguments

The appellant submits a single ground of appeal.

According to the appellant, the General Court breached Article 108(2) TFEU and Article 1(h) of the State Aid Procedural Regulation (1) by erroneously qualifying the applicants at first instance as ‘parties concerned’ or ‘interested parties’.

On that basis, the General Court erroneously concluded that the applicants at first instance had standing to bring proceedings under the fourth limb of Article 263 TFEU against the Commission’s Decision C(2017) 4690 final of 4 July 2017 on State Aid SA.47677 (2017/N) authorising compatible state aid by Italy in favour of Banca Monte dei Paschi di Siena.

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(1)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015, L 248, p. 9).