Judgment of the General Court (Fifth Chamber) of 26 September 2014 — Royal Scandinavian Casino Århus v Commission

(Case T‑615/11)

‛Action for annulment — State aid — Online games — Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms — Decision declaring the aid compatible with the internal market — Aid intended to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility’

1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision terminating an aid proceeding — Competitor of the undertaking receiving the aid — Right to bring an action — Conditions (Arts 108(2) TFEU and 263, fourth para., TFEU) (see paras 26-28, 33, 34)

2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision finding an aid compatible with the internal market — Action by an association acting in the collective interest of its members — Whether members of the association individually affected — Need for association to demonstrate that its members substantially affected — None — Inadmissibility (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 32, 44)

3. Actions for annulment — Natural or legal persons — Regulatory acts including implementing measures or not — Concept — Legal actions available against such acts (Arts 263, fourth para., TFEU, 267 TFEU and 277 TFEU) (see paras 46-49)

4. Actions for annulment — Natural or legal persons — Regulatory acts including implementing measures — Commission decision declaring an aid compatible with the internal market — Inadmissibility of the action brought before the EU judicature — Right to effective judicial protection — Obligation to use internal means of redress to challenge such measures (Arts 263, fourth para., TFEU and 267 TFEU) (see paras 50-52)

Re:

APPLICATION for annulment of Commission Decision 2012/140/EU of 20 September 2011 on the measure C 35/10 (ex N 302/10) which Denmark is planning to implement in the form of duties for online gambling in the Danish Gaming Duties Act (OJ 2012 L 68, p. 3).

Operative part

The Court:

1. Dismisses the action;

2. Orders Royal Scandinavian Casino Århus I/S, in addition to bearing its own costs, to pay those incurred by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA);

3. Orders the Kingdom of Denmark and the Republic of Malta to bear their own costs.

Judgment of the General Court (Fifth Chamber) of 26 September 2014 — Royal Scandinavian Casino Århus v Commission

(Case T‑615/11)

‛Action for annulment — State aid — Online games — Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms — Decision declaring the aid compatible with the internal market — Aid intended to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility’

1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision terminating an aid proceeding — Competitor of the undertaking receiving the aid — Right to bring an action — Conditions (Arts 108(2) TFEU and 263, fourth para., TFEU) (see paras 26-28, 33, 34)

2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision finding an aid compatible with the internal market — Action by an association acting in the collective interest of its members — Whether members of the association individually affected — Need for association to demonstrate that its members substantially affected — None — Inadmissibility (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 32, 44)

3. Actions for annulment — Natural or legal persons — Regulatory acts including implementing measures or not — Concept — Legal actions available against such acts (Arts 263, fourth para., TFEU, 267 TFEU and 277 TFEU) (see paras 46-49)

4. Actions for annulment — Natural or legal persons — Regulatory acts including implementing measures — Commission decision declaring an aid compatible with the internal market — Inadmissibility of the action brought before the EU judicature — Right to effective judicial protection — Obligation to use internal means of redress to challenge such measures (Arts 263, fourth para., TFEU and 267 TFEU) (see paras 50-52)

Re:

APPLICATION for annulment of Commission Decision 2012/140/EU of 20 September 2011 on the measure C 35/10 (ex N 302/10) which Denmark is planning to implement in the form of duties for online gambling in the Danish Gaming Duties Act (OJ 2012 L 68, p. 3).

Operative part

The Court:

1. Dismisses the action;

2. Orders Royal Scandinavian Casino Århus I/S, in addition to bearing its own costs, to pay those incurred by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA);