Keywords

Summary



Keywords

1 Actions for annulment - Actionable measures - Measure open to challenge by the author of a complaint concerning a particular grant of State aid - Commission letter apprising the complainant of its refusal to open the procedure provided for in Article 93(2) of the Treaty (now Article 88(2) EC) - Not an actionable measure

(EC Treaty, Art. 93(2) (now Art. 88(2) EC) and Art. 173 (now, after amendment, Art. 230 EC))

2 Actions for annulment - Interest in bringing proceedings - Action contesting a Commission decision concerning a grant of aid which may not be covered by the approved general aid scheme

(EC Treaty, Arts 92 and 173 (now, after amendment, Arts 87 EC and 230 EC))

3 Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Commission decision, addressed to a Member State, finding that a particular grant of State aid is compatible with the common market - Action brought by interested third parties - Whether admissible

(EC Treaty, Arts 92 and 173 (now, after amendment, Arts 87 EC and 230 EC) and Art. 93(2) and (3) (now Art. 88(2) and (3) EC))

4 Plea of illegality - Measures in respect of which a plea of illegality may be raised - General measure on which the contested decision is based - Whether admissible - Conditions

(EC Treaty, Art. 184 (now Art. 241 EC))

5 State aid - General aid scheme approved by the Commission - Notification of individual implementing measures - Whether obligatory - No such obligation

(EC Treaty, Art. 193 (now Art. 88 EC))

6 Agriculture - Common agricultural policy - EAGGF financing - Regulation No 866/90 - Examination under Article 92 of the Treaty (now, after amendment, Article 87 EC) and Article 93 thereof (now Article 88 EC) - Excluded

(EC Treaty, Art. 92 (now, after amendment, Art. 87 EC) and Arts 93 and 94 (now Arts 88 EC and 89 EC); Council Regulation No 866/90)

Summary

1 Where the Commission adopts a decision refusing to open the procedure provided for in Article 93(2) of the EC Treaty (now Article 88(2) EC) and, in accordance with its duty of sound administration, proceeds to inform the complainants thereof by letter, it is the decision addressed to the Member State which must form the subject-matter of any action for annulment which the complainant may bring, not the letter to that complainant. Since such a letter is purely informative, it does not constitute a measure against which proceedings may be instituted under Article 173 of the EC Treaty (now, after amendment, Article 230 EC).

2 The fact that an individual grant of aid forming part of a general aid scheme duly approved by the Commission is regarded as existing aid whose payment has already been authorised does not deprive undertakings challenging the Commission decision approving that aid of an interest in bringing proceedings in so far as annulment is sought precisely because that aid might not be covered by the approval decision.

3 Where, without recourse to the procedure under Article 93(2) of the Treaty (now Article 88(2) EC), the Commission finds on the basis of Article 93(3) that a particular grant of aid is compatible with the common market, competing undertakings may secure compliance with the procedural guarantees conferred on them, as interested parties, by Article 93(2) only if they are able to challenge the decision before the Court of First Instance.

4 The right under Article 184 of the Treaty (now Article 241 EC) to raise an objection of illegality gives expression to the general principle conferring on any party to proceedings the right to challenge, for the purpose of obtaining the annulment of a decision of direct and individual concern to that party, the validity of previous acts of the institutions which form the legal basis of the decision which is being attacked, if that party was not entitled under Article 173 of the Treaty (now, after amendment, Article 230 EC) to bring a direct action challenging those acts by which it was thus affected without having been in a position to ask that they be declared void.

That general principle applies equally in circumstances in which an individual decision is directly based on a measure of general scope which may be the subject of an action for annulment brought by natural or legal persons with standing to institute proceedings against such a measure, in particular where only the individual decision enables them to determine precisely to what extent their particular interests are affected.

5 Once a general aid scheme has been approved by the Commission, the individual implementing measures do not need to be notified to it unless reservations to that effect were expressed in the approval decision. Indeed, direct examination of every grant of aid in the light of Article 92 of the Treaty (now, after amendment, Article 87 EC) would enable the Commission to go back on its approval decision and would be contrary to the principles of protection of legitimate expectations and legal certainty.

6 Regulation No 866/90 on improving the processing and marketing conditions for agricultural products makes expressly subject to Articles 92 of the Treaty (now, after amendment, Article 87 EC), and to Articles 93 and 94 thereof (now Articles 88 EC and 89 EC), the grant of aid which is not eligible for Community co-financing. However, in the absence of any similar provision concerning eligible aid, such aid must be assessed in the specific context of the common action undertaken in accordance with that Regulation and cannot be the subject of examination under Articles 92 and 93 of the Treaty.

Moreover, the application of Articles 92 and 93 of the Treaty to investment aid eligible for Community co-financing under Regulation No 866/90 would be incompatible with the precedence over the rules on competition accorded by the Treaty to the common agricultural policy.