Admissibility: The CFI differentiates between decisions and informal notices in the field of State aid (Deutsche Bahn)

The Deustche Bahn judgment of the Court of First Instance will also be of interest from the point of view of procedural law. The First Chamber of the Court of First Instance, acting in its extended composition, recalls in it, in terms which are rather dry for the Commission, the case-law according to which an actionable act is defined according to its substance and not its appearance. It also ventures into the slippery and bushy terrain (CJEC, 2 April 1998, Commission v. Sytraval and Brink's France, Case C-367/95 P, ECR p. I-1719) of the administrative handling of complaints in the field of State aid. That judgment disposes of an action for annulment brought by Deutsche Bahn. The measure whose