This document is an excerpt from the EUR-Lex website
Document 62015TO0354(02)
Order of the General Court (Seventh Chamber) of 19 April 2018.
Allergopharma GmbH & Co. KG v European Commission.
Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility.
Case T-354/15.
Order of the General Court (Seventh Chamber) of 19 April 2018.
Allergopharma GmbH & Co. KG v European Commission.
Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility.
Case T-354/15.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Seventh Chamber) of 19 April 2018 — Allergopharma v Commission
(Case T‑354/15)
(Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility)
1. |
Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision terminating an aid proceeding — Competitor of the undertaking receiving the aid — Right to bring an action — Conditions — Demonstration of significant harm to its market position — Criteria for assessment (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 37-40, 44-46) |
2. |
Actions for annulment — Natural or legal persons — Regulatory acts entailing implementing measures or not — Meaning — Court remedies available against such measures — Conditions for using objection of illegality or reference for a preliminary ruling on validity (Art. 19 TEU; Arts 263, fourth para., TFEU, 267 TFEU and 277 TFEU) (see paras 63-66, 74) |
3. |
Fundamental rights — Right to effective judicial protection — Review of legality of EU measures — Procedures — Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure (Art. 263, fourth para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see para. 71) |
4. |
State aid — Planned aid — Grant of aid in infringement of the prohibition laid down by Article 108(3) TFEU — Later Commission decision declaring the aid compatible with the common market — Effect — Ex post facto regularisation of measures of national law concerning the grant of the aid — None — Irrelevance of the date of making an application for reimbursement (Art. 108(3) TFEU) (see paras 77, 78) |
5. |
State aid — Compliance with EU rules — Role of the national courts — Safeguarding of the rights of individuals when the obligation to give prior notice has been infringed — Jurisdiction to order the recovery of non-notified aid, even subsequently declared compatible with the common market — Jurisdiction to rule on an application for compensation for the harm caused due to the illegal nature of such a measure (see para. 78) |
6. |
Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision finding State aid compatible with the internal market at the conclusion of the formal investigation procedure — Action of a competing undertaking not demonstrating the existence of significant harm to its market position — Participation in the preliminary examination phase of the aid — Insufficient basis on which to contest the merits of the decision (Arts 108(3) TFEU and 263, fourth para., TFEU) (see paras 81-84) |
Re:
Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1300 of 27 March 2015 on the aid scheme — aid to German pharmaceutical companies in financial difficulties through the exemptions from mandatory rebates SA.34881 (2013/C) (ex 2013/NN) (ex 2012/CP) (OJ 2015 L 199, p. 27).
Operative part
1. |
The action is dismissed as being inadmissible. |
2. |
Allergopharma GmbH & Co. KG shall bear its own costs and pay those incurred by the European Commission. |
3. |
Bencard Allergie GmbH shall bear its own costs. |