Order of the General Court (Third Chamber) of 14 May 2013 — Régie Networks and NRJ Global v Commission
(Case T‑273/11)
Action for annulment — State aid — State aid scheme implemented by France in favour of radio broadcasting — Decision not to raise objections — Lack of interest in bringing proceedings — Manifest inadmissibility
1. Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Action against a Commission decision declaring State aid compatible with the internal market under certain conditions — Actions for restitution of taxes unduly levied brought earlier at the national level — Effects of the Commission decision — No ex post facto regularisation of measures of national law concerning the grant of the aid — Decision not unfavourable to the applicant — No legal interest in bringing proceedings — Inadmissibility (Arts 108(3) TFEU and 263, fourth para., TFEU) (see paras 27-30, 37)
2. Union law — Direct effect — National taxes incompatible with EU law — Repayment — Procedures — Application of national law — Time-limits — Lawfulness — Conditions — Compliance with the principle of effectiveness of EU law — Compliance with the principle that conditions for repayment action be comparable with those for similar domestic claims (see paras 32‑36)
Re:
| APPLICATION for annulment of Commission Decision C(2010) 6483 final of 29 September 2010 concerning State aid scheme No C 4/2009 (ex N 679/97) implemented by the [French Republic] to promote radio broadcasting and declaring that scheme compatible with the internal market, subject to compliance with certain conditions. |
Operative part
1. | | The action is dismissed. |
2. | | Régie Networks and NRJ Global are ordered to pay the costs. |