Order — ECLI:EU:C:2003:189
Date: 2003-03-28
Based on: Treaty establishing the European Coal and Steel Community (1951)
Subject matter: State aids;Competition
Concepts: Applications by undertakings or their associations;General
Procedure: Action for annulment;Appeal - unfounded
Origin: Spain

Summary of the Order 
1. Actions for annulment — Action based on Article 33 CS — Action brought by an 
intra-State authority — Inadmissible 
(Art. 33 CS) 
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SUMMARY — CASE C-75/02 P 
2. Actions for annulment — Action based on the second paragraph of Article 33 CS — 
Restrictive conditions for admissibility — Limitation offset by flexible rules governing 
intervention 
(Art. 33, second para., CS; ECSC Statute of the Court of Justice, Art. 34) 
3. Actions for annulment — Action based on the second paragraph of Article 33 CS — 
Interpretation contra legem of the condition relating to the need to have locus 
standi — Not permissible 
(Art. 33, second para., CS) 
1. Article 33 CS provides an exhaustive 
list of the persons entitled to bring an 
action for a declaration that a measure 
is void and does not mentioned intra­
State authorities; the latter cannot 
therefore validly bring such an action. 
(see para. 27) 
2. The restrictive conditions for admissi­
bility stemming from the second para­
graph of Article 33 CS are offset by 
flexible rules governing intervention. 
Under Article 34 of the ECSC Statute 
of the Court of Justice, any natural or 
legal person and, therefore, intra-State 
authorities, may intervene in an action 
for annulment brought by a Member 
State against a decision adopted on the 
basis of the ECSC Treaty, if it can 
establish an interest in the outcome of 
the case. 
(see para. 32) 
3. Although the conditions for bringing 
an action before the Community judi­
cature must be interpreted in the light 
of the principle of effective legal pro­
tection, such an interpretation cannot 
have the effect of setting aside a 
condition expressly laid down in the 
ECSC Treaty, such as that of having 
locus standi under the second para­
graph of Article 33 CS, without going 
beyond the jurisdiction conferred by 
the Treaty on the Community Courts. 
(see para. 34) 
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