CASE COMMENT : PROCEDURE – STATE AIDS – NON OPENING OF FORMAL PHASE – ADMISSIBILITY

State Aid: The General Court holds as partially admissible the action of an association against a decision rejecting a complaint without launching a formal investigation (AISCAT)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. EU, 15 January 2013, AISCAT v. Commission, Case T-182/10 This case is emblematic of admissibility issues in aid cases. On the one hand, the Court of First Instance applies the recent case-law of the Court of Justice which tends to favour the admissibility of appeals against decisions rejecting complaints. On the other hand, it endeavours to apply with millimetric and sometimes formalistic rigour the admissibility tests which often lead to restrictions on access to the courts, an approach which contrasts with that recently adopted by the EFTA Court (Case E-1/12). The result in the present case is a judgment in which the admissibility assessments are

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  • European Court of Justice (Luxembourg)

Quotation

Pascal Cardonnel, State Aid: The General Court holds as partially admissible the action of an association against a decision rejecting a complaint without launching a formal investigation (AISCAT), May 2013, Concurrences N° 2-2013, Art. N° 52045, p. 146

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