State aids – Admissibility: The Court of Justice applies its Kronoply-Kronotex case law and confirms that a discrepancy at the level of national law should have led the Commission to initiate the investigation procedure (Autriche/Scheucher Fleisch)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 27 October 2011, Austria v Scheucher-Fleisch and Others, Case C-47/10 P With this judgment, the Court applies its recent Kronoply and Kronotex case law ((ECJ, 24 May 2011, Commission v. Kronoply and Kronotex, Case C-83/09 P). It thus confirms its approach to the admissibility of actions brought before the Court of First Instance against Commission decisions not to open the formal investigation procedure for a State aid project. It will be recalled that, in that previous case, the Court of Justice had upheld the Court of First Instance's finding that an action for