CASE COMMENT: PROCEDURES - EC LAW - LOCUS STANDI ARTICLE 88§3 EC

Locus standi - Art. 88.3 EC: The ECJ holds that the settled case law about the admissibility of the action against the decision not to raise objections applies equally to individual aid and general schemes (British Aggregates)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – ECJ, 3rd c., 22 December 2008, British Aggregates Association v. Commission, Case C-487/06P. Once again, the Court of Justice expresses its attachment to its case-law on the duality of the system of access to the Community courts, to which an economic operator is subject when bringing an action against a Commission decision, adopted on the basis of Article 88(3) of the EC Treaty, not to raise objections to State aid. Despite the numerous criticisms of this case-law, the Court states that it is applicable irrespective of the nature of the aid measure at issue, including where that measure is of a general nature, as in the case of a tax scheme applicable

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Agnès Maitrepierre, Locus standi - Art. 88.3 EC: The ECJ holds that the settled case law about the admissibility of the action against the decision not to raise objections applies equally to individual aid and general schemes (British Aggregates), 22 December 2008, Concurrences N° 1-2009, Art. N° 23460, pp. 181-182

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