Order of the General Court (First Chamber) of 21 May 2010 – ICO Services v Parliament and Council

(Case T-441/08)

Actions for annulment – Decision No 626/2008/EC – Common framework for the selection and authorisation of operators of mobile systems by satellite – No direct concern – Inadmissibility

1.                     Procedure – Application initiating proceedings – Identification of the parties to the dispute – Application to replace the applicant with a sister company not being a successor to the applicant’s whole legal position – Inadmissible (see paras 27-28)

2.                     Actions for annulment – Natural and legal persons – Measures of direct and individual concern to them – Commission decision, addressed to Member States, establishing a common framework for the selection and authorisation of operators of mobile systems by satellite – Action by an operator – Decision not producing direct effects on the said operator’s legal position – Not directly concerned – Inadmissible (Art. 230, fourth para., EC) (see paras 55-65)

3.                     European Union – Judicial review of the legality of the acts of the institutions – Measures of general scope – Need for natural or legal persons to have recourse to a plea of illegality or a reference for a preliminary ruling on validity – Availability of an action for annulment before the Community Court in the event of an insurmountable obstacle at the level of national procedural rules – Not included (Art. 263, fourth para., TFEU) (see paras 67-68)

Re:

APPLICATION for annulment of Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (OJ 2008 L 172, p. 15).

Operative part

1. The action is dismissed as inadmissible.

2. ICO Services Ltd is ordered to bear its own costs and pay the costs of the European Parliament and of the Council of the European Union.

3. The European Commission is ordered to bear its own costs.