Order of the General Court (Eighth Chamber) of 27 July 2018 –
Apple Distribution International v Commission
(Case T‑101/17)
(Action for annulment — State aid — Aid planned by Germany to fund film production and distribution — Decision declaring the aid compatible with the internal market — No individual concern — Inadmissibility)
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Person individually affected by a measure general in character — Conditions
(Art. 263, fourth para., TFEU)
(see paras 24-28, 43-48)
2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Competitive position of the undertaking substantially affected — Burden of proof on the applicant
(Art. 263, fourth para., TFEU)
(see paras 35-38)
Re:
| Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2016/2042 of 1 September 2016 on the aid scheme SA.38418 — 2014/C (ex 2014/N) which Germany is planning to implement for the funding of film production and distribution (OJ 2016 L 314, p. 63). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | There is no need to rule on the applications to intervene lodged by the Federal Republic of Germany, the French Republic and the Filmförderungsanstalt. |
3. | | Apple Distribution International shall bear its own costs and pay those incurred by the European Commission, with the exception of the costs relating to the applications to intervene. |
4. | | Apple Distribution International, the Commission, the Federal Republic of Germany, the French Republic and the Filmförderungsanstalt shall each bear their own costs relating to the applications to intervene. |