CASE COMMENTS : PROCEDURE – STATE AID – RECOVERY – INADMISSIBILITY

State Aid: The General Court declares inadmissible an action for annulment by the main shareholder of the aid beneficiary (Post Invest Europe)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The rule of no interest, no action, which makes it possible to avoid clogging up the courts with hypothetical appeals, prevents, in particular, a litigant from acting not in order to defend his personal interest, but that of a third party. The order of 15 May 2013 in the case of aid to the Belgian Post Office illustrates this in the context of actions brought in parallel by the recipient of aid and its main shareholder. The applicant, Post Invest Europe Sàrl ('Post Invest'), is a Luxembourg company controlled by the investment fund CVC Capital Partners. Since 2006, it has held 49% of the capital of the former Belgian postal monopoly, now renamed 'bpost'.

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  • European Court of Justice (Luxembourg)

Quotation

Pascal Cardonnel, State Aid: The General Court declares inadmissible an action for annulment by the main shareholder of the aid beneficiary (Post Invest Europe), 15 May 2013, Concurrences N° 3-2013, Art. N° 53844, p. 144

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