Order — ECLI:EU:T:2015:906
Date: 2015-11-23
Language of the case: German
Court formation: First Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - inadmissible
Origin: Germany

Summary — Order of the General Court (First Chamber), 23 November 2015 1. Actions for annulment — Natural or legal persons — Locus standi — Action brought by a trade association set up to protect and represent its members — Admissibility — Conditions (Art. 263, fourth para., TFEU) 2. Actions for annulment — Natural or legal persons — Locus standi — Whether directly concerned — Criteria (Art. 263, fourth para., TFEU) 3. Actions for annulment — Natural or legal persons — Locus standi — Whether directly concerned — Criteria — Guidelines on State aid for environmental protection and energy 2014-2020 — Action brought by a trade association set up to protect and represent its members — Members not directly affected — Inadmissibility (Art. 263, fourth para., TFEU; Commission Notice 2014/C 200/01) 1. See the text of the decision. (see paras 14, 15) 2. Under the fourth paragraph of Article 263 TFEU, any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act which is not addressed to that person in two alternative cases, namely, first, if the act in question is of direct and individual concern to that person and, second, if it is a regulatory act which is of direct concern to that person and does not entail implementing measures. Each of those two cases presupposes that the contested measure has a direct impact on the applicant. In that regard, the concept of direct effect within the meaning of the second of those cases cannot be more restrictively interpreted than in the first case. Moreover, there is nothing to support the view that, in this case, the condition of direct effect should be interpreted less restrictively in a case where the contested guidelines constitute a regulatory measure that does not involve implementing measures. In that context, the condition that the contested decision must be of direct concern to a natural or legal person requires that the contested measure should directly affect the legal situation of the individual and leave no discretion to its addressees, who are entrusted with the task of implementing it, such implementation being purely automatic and resulting from EU rules without the application of other intermediate rules. The same applies where the opportunity for addressees not to give effect to an EU measure is purely theoretical and their intention to act in conformity with it is not in doubt. (see paras 16-18, 20-21) 3. See the text of the decision. (see paras 22-33, 36-41)