Information;Judgment — ECLI:EU:T:2023:766
Date: 2023-11-29
Language of the case: Spanish
Court formation: Sixth Chamber, Extended Composition
Subject matter: State aids;Competition
Procedure: Action for annulment - inadmissible
Origin: Spain

Judgment of the General Court (Sixth Chamber, Extended Composition) of 29 November 2023 – Asempre v Commission (Case T‑513/20) (1) (Action for annulment – State aid – Postal service – Compensation for universal postal service – Professional association – Lack of individual concern – No substantial effect on the competitive position – Inadmissibility) 1. Judicial proceedings – Production of evidence – Time limit – Late submission of evidence and offers of evidence – Exceptional circumstances justifying late submission – Late submission of evidence consisting of a decision taken by a national authority after the closure of the written phase of the procedure – Whether permissible (Rules of Procedure of the General Court, Art. 85(3)) (see paragraphs 18-20) 2. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Commission decision finding aid compatible with the internal market – Action by an association acting in the collective interests of its members – No substantial effect on the competitive position of those members – Inadmissibility of the association’s action (Arts 108(2) and 263, fourth para., TFEU) (see paragraphs 23-67) 3. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Commission decision finding aid compatible with the internal market – Action brought by an association claiming that its own interests are affected – Active role played by that association during the procedure leading to the adoption of the contested decision – Evidence not sufficient to demonstrate that those interests are substantially affected – Inadmissibility of the association’s action – No infringement of the right to effective judicial protection (Arts 108(2) and 263, fourth para., TFEU) (see paragraphs 71-81) Operative part The Court: 1. Dismisses the action as inadmissible; 2. Orders the Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia (Asempre) to bear its own costs and to pay those incurred by the European Commission and by Sociedad Estatal Correos y Telégrafos, SA. 3. Orders the Kingdom of Spain to bear its own costs. 1 OJ C 320, 28.9.2020.