ra.de Urteile
EU-Rechtsprechung · Gericht der Europäischen Union
State aid - Aid for regional purposes - Validity of lawyer's signature on the application - Standing - Statement of reasons - Compatibility with the common market - Prohibition of discrimination - Right of establishment of the national competitors of the aid recipient - Protection of the environment - Misuse of powers.
ECLI: ECLI:EU:T:2004:2Entscheidung vom: 13.01.2004
«(State aid – Aid for regional purposes – Validity of lawyer's signature on the application – Standing – Statement of reasons – Compatibility with the common market – Prohibition of discrimination – Right of establishment of the national competitors of the aid recipient – Protection of the environment – Misuse of powers)»
Summary of the Judgment
1.. State aid – Planned aid – Review by the Commission – Preliminary stage and inter partes stage – Compatibility of aid with the common market – Difficulties of assessment – Commission's obligation to initiate the inter partes procedure (EC Treaty, Art. 93(2) and (3) (now Art. 88(2) and (3) EC))
2.. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision addressed to a Member State and finding a State aid to be compatible with the common market without initiating the formal investigation procedure – Action brought by parties concerned within the meaning of Article 93(2) of the Treaty (now Article 88(2) EC) – Whether admissible (EC Treaty, Art. 93(2) and (3) (now Art. 88(2) and (3) EC) and Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))
3.. Acts of the institutions – Statement of reasons – Obligation – Scope – Taking into account of the context and all the legal rules (EC Treaty, Art. 190 (now Art. 253 EC))
4.. State aid – Definition – Legal nature – Interpretation on the basis of objective factors – Reservation agreement – Evaluation according to the criterion of the private investor (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))
5.. Actions for annulment – Pleas – Misuse of powers – Definition (EC Treaty, Art. 173 (now, after amendment, Art. 230 EC))
JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition)13 January 2004 (1)
((State aid – Aid for regional purposes – Validity of lawyer's signature on the application – Standing – Statement of reasons – Compatibility with the common market – Prohibition of discrimination – Right of establishment of the national competitors of the aid recipient – Protection of the environment – Misuse of powers))
applicants,
v
defendant,
intervener,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber, Extended Composition),
having regard to the written procedure and further to the hearing on 1 April 2003,
gives the following
On those grounds,
THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition)
Vesterdorf
Azizi
Jaeger
Legal
Martins Ribeiro
H. Jung
B. Vesterdorf
Registrar
President
1 – Language of the case: German.
Amtliche Sprachfassungen
Diese Entscheidung liegt in folgenden Amtssprachen der Union vor — alle gleichermaßen verbindlich.