Order — ECLI:EU:T:2003:121
Date: 2003-04-30
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: State aids;Competition
Concepts: Applications by natural or legal persons
Procedure: Action for annulment - inadmissible
Origin: Germany

Summary of the Order 
1. Actions for annulment — Natural or legal persons — Actionable measures — 
Measures producing binding legal effects — Acts affecting the applicant's legal 
situation 
(Art. 230, fourth para., EC) 
II - 1873 
SUMMARY — CASE T-167/01 
2. Actions for annulment — Natural or legal persons — Interest in bringing proceed­
ings •— Heed to show a vested and present interest — Assessment at the time the 
action is brought 
(Art. 230, fourth para., EC) 
1. A natural or legal person may chal­
lenge, pursuant to the fourth paragraph 
of Article 230 EC, only measures the 
legal effects of which are binding on, 
and capable of affecting the interests 
of, that person by bringing about a 
distinct change in his legal position. 
(see para. 46) 
2. A claim for annulment brought by a 
natural or legal person is not admiss­
ible unless the applicant has an interest 
in seeing the contested measure 
annulled. 
The latter must produce evidence of his 
interest in bringing proceedings, which 
is an essential and fundamental pre­
requisite for any legal proceedings. 
That interest must be vested and pres­
ent and is evaluated at the date on 
which the action is brought. If the 
interest which an applicant claims 
concerns a future legal situation, he 
must demonstrate that the prejudice to 
that situation is already certain. There­
fore, he cannot rely upon future and 
uncertain situations to justify his inter­
est in applying for annulment of the 
contested act. 
(see paras 47, 58) 
II - 1874