Judgment — ECLI:EU:T:2001:100
Date: 2001-03-21
Language of the case: German
Court formation: Fourth Chamber, Extended Composition
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 Judgment 
1. Actions for annulment — Natural or legal persons — Measures of direct and 
individual concern to them — Commission decision addressed to a Member State 
and finding a State aid to be compatible with the common market — Action brought 
by parties concerned within the meaning of Article 93(2) of the Treaty (now 
Article 88(2) EC) — Whether admissible — Conditions 
(EC Treaty, Art. 93(2) and (3) (now Art. 88(2) and (3) EC), and Art. 173, fourth para, 
(now, after amendment, Art. 230, fourth para., EC)) 
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SUMMARY — CASE T-69/96 
2. Actions for annulment — Natural or legal persons — Measures of direct and 
individual concern to them — Measure affecting the general interests of a category 
of natural or legal persons —· Association representing that category — Inadmissible 
(EC Treaty, Art. 173, fourth para, (now, after amendment, Art. 230, fourth para., 
EC)) 
1. An action for the annulment of a 
decision taken by the Commission on 
the basis of Article 93(3) of the Treaty 
(now Article 88(3) EC), brought by a 
party concerned within the meaning of 
Article 93(2) of the Treaty, is admis­
sible where that person is by his action 
seeking to safeguard his procedural 
rights under Article 93(2). 
'Parties concerned' within the meaning 
of Article 93(2) of the Treaty include 
not only the undertaking or undertak­
ings benefiting from the aid, but those 
persons, undertakings or associations 
whose interests might be affected by 
the grant of the aid, in particular 
competing undertakings and trade 
associations. For its action to be admis­
sible, the competitor of the recipient of 
the aid must demonstrate that its 
competitive position in the market is 
affected by the grant of the aid. 
Where that is not the case, it does not 
have the status of a party concerned 
within the meaning of Article 93(2) of 
the Treaty. 
(see paras 37, 40-41) 
2. An association formed for the protec­
tion of the collective interests of a 
category of persons cannot be consid­
ered to be individually concerned, for 
the purposes of the fourth paragraph of 
Article 173 of the Treaty (now, after 
amendment, the fourth paragraph of 
Article 230 EC), by a measure affecting 
the general interests of that category, 
and is therefore not entitled to bring an 
action for annulment on behalf of its 
members where the latter cannot do so 
individually. 
(see para. 49) 
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