Keywords
Summary

Keywords

1 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION ON A COMPLAINT CONCERNING AN INFRINGEMENT OF COMMUNITY RULES - PROCEDURAL GUARANTEES ACCORDED TO APPLICANT UNDERTAKING - RIGHT OF ACTION

( EEC TREATY , ART . 173 , SECOND PARAGRAPH )

2 . APPLICATION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - COMMISSION DECISION TERMINATING A PROCEDURE INVESTIGATING THE GRANT OF AID - APPLICANT UNDERTAKING - RIGHT OF ACTION - CONDITIONS

( EEC TREATY , ART . 93 ( 2 ) AND ART . 173 , SECOND PARAGRAPH )

Summary

1 . WHERE A REGULATION ACCORDS APPLICANT UNDERTAKINGS PROCEDURAL GUARANTEES ENTITLING THEM TO REQUEST THE COMMISSION TO FIND AN INFRINGEMENT OF COMMUNITY RULES , THOSE UNDERTAKINGS SHOULD BE ABLE TO INSTITUTE PROCEEDINGS IN ORDER TO PROTECT THEIR LEGITIMATE INTERESTS .

2 . IN VIEW OF THE FACT THAT ARTICLE 93 ( 2 ) OF THE EEC TREATY RECOGNIZES IN GENERAL TERMS THAT THE UNDERTAKINGS CONCERNED ARE ENTITLED TO SUBMIT THEIR COMMENTS , THE DECISION WHEREBY THE COMMISSION TERMINATES A PROCEDURE INITIATED UNDER THAT PROVISION IS OF DIRECT AND INDIVIDUAL CONCERN TO THE UNDERTAKINGS WHICH WERE AT THE ORIGIN OF THE COMPLAINT THAT LED TO THE OPENING OF THE PROCEDURE AND WHICH SUBSEQUENTLY PAYED A DECISIVE ROLE IN THE CONDUCT THEREOF , PROVIDED THAT THEIR POSITION ON THE MARKET IS SIGNIFICANTLY AFFECTED BY THE MEASURE GRANTING AID WHICH IS LEFT INTACT AND ALLOWED TO TAKE EFFECT BY THE CONTESTED DECISION .