CASE COMMENTS : PROCEDURES – STATE AIDS – ADMISSIBILITY – action for annulment – ACT OPEN TO CHALLENGE – action for FAILURE TO ACT – REAL ESTATE ACTIVITIES
State aids: The General Court declares inadmissible an action for annulment and for failure to act brought by the grantor of an alleged State aid against a Commission decision dismissing its complaint (Neubrandenburger Wohnungsgesellschaft)
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Trib. UE (ord.), 9 January 2012, Neubrandenburger Wohnungsgesellschaft v Commission, Case T-407/09
The most fertile ground for questions of admissibility of State aid appeals is the standing of third parties to the procedure (beneficiary, competitors, associations, trade unions). Fewer cases deal with the concept of a challengeable act, with the notable exception of the problem of the rejection of complaints (CJEU, Athinaïki Techniki v Commission, C-521/06 P, see State Aid Chronicle, Concurrences No. 4 2008, p. 112). The present case falls into the latter category. It is original in several respects, first of all because of its factual background.
The
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