Order — ECLI:EU:T:2004:159
Date: 2004-05-27
Language of the case: German
Court formation: Second 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;Italy

Summary of the Order Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision that a national measure did not constitute State aid – Right of a competitor undertaking to bring an action – Condition – Market position significantly affected – Not essential to participate as complainant in the procedure before the Commission (Arts 87(1) EC, 88(2) EC and 230, fourth para., EC) A Commission decision holding a national measure not to constitute State aid within the meaning of Article 87(1) EC, adopted at the end of the formal investigation procedure laid down by Article 88(2) EC, is of individual concern to undertakings if they are at the origin of the complaint which leads to the opening of the investigation procedure, if their views are heard during that procedure and if the conduct of the procedure is determined by their observations, provided, however, that their position on the market is significantly affected by the measure which is the subject of the contested decision. If an undertaking has not played an active role in the administrative procedure before the Commission, it may demonstrate by other means that it is also individually concerned, but it must in any case show that the measure approved by the decision is capable of significantly affecting its position on the market in question. The mere fact that the decision in question may exercise an influence on the competitive relationships existing on the relevant market and that the undertaking concerned was in a competitive relationship with the addressee of that decision does not constitute that significant effect. An undertaking cannot therefore rely solely on its status as a competitor of the undertaking to which the measure in question applies but must additionally show the magnitude of the prejudice to its position on the market. (see paras 34, 36-37)