Keywords
Summary

Keywords

1. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision addressed to a Member State and finding a State aid to be compatible with the common market - Action brought by parties concerned within the meaning of Article 93(2) of the Treaty (now Article 88(2) EC) - Whether admissible - Conditions

(EC Treaty, Art. 93(2) and (3) (now Art. 88(2) and (3) EC), and Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

2. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Measure affecting the general interests of a category of natural or legal persons - Association representing that category - Inadmissible

(EC Treaty, Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

Summary

1. An action for the annulment of a decision taken by the Commission on the basis of Article 93(3) of the Treaty (now Article 88(3) EC), brought by a party concerned within the meaning of Article 93(2) of the Treaty, is admissible where that person is by his action seeking to safeguard his procedural rights under Article 93(2).

Parties concerned within the meaning of Article 93(2) of the Treaty include not only the undertaking or undertakings benefiting from the aid, but those persons, undertakings or associations whose interests might be affected by the grant of the aid, in particular competing undertakings and trade associations. For its action to be admissible, the competitor of the recipient of the aid must demonstrate that its competitive position in the market is affected by the grant of the aid. Where that is not the case, it does not have the status of a party concerned within the meaning of Article 93(2) of the Treaty.

( see paras 37, 40-41 )

2. An association formed for the protection of the collective interests of a category of persons cannot be considered to be individually concerned, for the purposes of the fourth paragraph of Article 173 of the Treaty (now, after amendment, the fourth paragraph of Article 230 EC), by a measure affecting the general interests of that category, and is therefore not entitled to bring an action for annulment on behalf of its members where the latter cannot do so individually.

( see para. 49 )