State aid Inadmissibility Action for annulment Decision declaring aid compatible with the common market Meaning of ‘party concerned’ in Article 88(2) EC Measures to promote the use of insulation material from renewable raw materials Preliminary examination Professional association Pleas in law on validity of decision
Sumário
Judgment of the Court of First Instance (Third Chamber) of 20 September 2007.
Fachvereinigung Mineralfaserindustrie eV Deutsche Gruppe der Eurima - European Insulation Manufacturers Association v Commission of the European Communities.
State Aid - Measures to promote the use of insulation material from renewable raw materials - Decision declaring aid compatible with the common market - Preliminary examination - Action for annulment - Professional association - Meaning of ‘party concerned’ in Article 88(2) EC - Pleas in law on validity of decision - Inadmissibility.
Case T-254/05.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 20 September 2007 – Fachvereinigung Mineralfaserindustrie v Commission
(Case T-254/05)
State Aid – Measures to promote the use of insulation material from renewable raw materials – Decision declaring aid compatible with the common market – Preliminary examination – Action for annulment – Professional association – Meaning of ‘party concerned’ in Article 88(2) EC – Pleas in law on validity of decision – Inadmissibility
1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision finding aid compatible with the common market without opening the formal investigation procedure (Arts 88(2) and (3) EC and 230, fourth para., EC) (see paras 30-36, 47)
2. Actions for annulment – Pleas in law – Interpretation by the court – Limits (Art. 230 EC) (see para. 48)
Re:
| ACTION for annulment of Commission Decision C(2005) 379 of 11 February 2005 relating to State Aid N 260b/2004 (Germany – Prolongation of the scheme to promote the use of insulation material from renewable raw materials). |
Operative part
The Court:
|
1. |
Dismisses the application as inadmissible; |
|
2. |
Orders Fachvereinigung Mineralfaserindustrie eV Deutsche Gruppe der Eurima – European Insulation Manufacturers Association to bear its own costs and to pay the costs of the Commission; |
|
3. |
Orders the Federal Republic of Germany to bear its own costs. |