Information;Order — ECLI:EU:C:2022:460
Date: 2022-06-07
Language of the case: Spanish
Court formation: Vice-President
Subject matter: State aids;Competition;Procedural provisions
Procedure: Action for annulment;Appeal;Application to intervene - inadmissible;Application to intervene - unfounded

Order of the Vice-President of the Court of 7 June 2022 – SES Astra v Commission (Case C‑212/22 P(I)) (Appeal – Intervention – Article 40, second paragraph, second sentence, of the Statute of the Court of Justice of the European Union – Dispute between a Member State and an Institution of the European Union – Article 47 of the Charter of Fundamental Rights of the European Union – Dismissal) 1. Appeal – Grounds – Form of order not seeking the annulment in full or in part of the operative part of the order under appeal – Inadmissibility (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 169(1)) (see paras 14-16) 2. Judicial proceedings – Intervention – Persons having an interest – Dispute between a Member State and the Commission concerning the validity of a decision on State aid – Application for leave to intervene brought by the undertaking which criticised in a complaint to the Commission the aid which is the subject of the contested decision – Inadmissibility – Observance of the right to effective judicial protection – Refusal by a national court of last instance to request a preliminary ruling from the Court of Justice in respect of the aid in question – Right of the complainant undertaking to intervene before the EU Courts in the light of that decision by the national court – None (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Statute of the Court of Justice, Art. 40, second para.) (see paras 17-24) Operative part 1. The appeal is dismissed. 2. SES Astra SA is ordered to pay the costs.