CASE COMMENT : STATE AID - ACTS SUBJECT TO JUDICIAL REVIEW - PROCEDURAL OBLIGATIONS OF THE COMMISSION - RIGHTS OF THE INTERESTED PARTIES

Challengeable act: The ECJ holds that the administrative filing of a complaint relating to an alleged unlawful aid constitutes an act likely to be challenged under Article 230 EC and annuls an order of the CFI which declared inadmissible a request for the annulment of a complaint rejection (Athinaïki Techniki)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 17 July 2008, Athinaïki Techniki AE v Commission, Case C-521/06 P. This judgment of the Court of Justice deserves attention because it differs so much from the position adopted by the Court of First Instance in opening up the admissibility of the actions of complainants whose complaints were rejected by the Commission following the preliminary phase of State aid examination (Editor's note: This judgment is the subject of a twofold commentary, the first by Jacques Derenne, the second by Jean-Yves Chérot, the second by Jean-Yves Chérot, the third by the Court of Justice of the European Communities).). 1. First point of view The relevant facts are quite

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • University of Aix-Marseille

Quotation

Jacques Derenne, Jean-Yves Chérot, Challengeable act: The ECJ holds that the administrative filing of a complaint relating to an alleged unlawful aid constitutes an act likely to be challenged under Article 230 EC and annuls an order of the CFI which declared inadmissible a request for the annulment of a complaint rejection (Athinaïki Techniki), 17 July 2008, Concurrences N° 4-2008, Art. N° 22188, pp. 112-116

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