Order of the General Court (Seventh Chamber) of 13 July 2012 —
IVBN v Commission
(Case T-201/10)
Action for annulment — State aid — Scheme of aid granted by the Netherlands to housing corporations — Existing aid — Special project aid to housing corporations — Decision accepting the Member State’s commitments — Decision declaring new aid compatible — No individual concern — Failure to initiate the procedure under Article 108(2) TFEU — Action inadmissible in part and in part manifestly devoid of any basis in law
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision on State aid — Action by an association representing the collective interests of the undertakings in the sector concerned — Admissibility — Conditions (Arts 108 TFEU and 263, fourth para., TFEU) (see paras 26, 27, 29, 31-35)
2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision on State aid — Competitor of the undertaking receiving the aid — Right to bring an action — Conditions — Action by an association acting as representative of the collective interest of its members without demonstrating that their competitive position substantially affected — Inadmissibility (Arts 108 TFEU and 263, fourth para., TFEU) (see paras 36, 37, 41)
3. State aid — Existing aid — Commission’s examination of the compatibility of the aid with the common market — Undertakings given by the paying Member State — Commission unable to open the formal investigation procedure — No obligation on the Commission to put the persons concerned on notice to submit their observations (Art. 108 TFEU; Council Regulation No 659/1999, Art. 19(1)) (see paras 45-47, 50)
4. State aid — Examination by the Commission — Preliminary review and main review — Difficulties of assessment — Commission’s duty to initiate the main review procedure — Serious difficulties — Meaning — Objective nature (Art. 108(2) and (3) TFEU) (see paras 52, 53)
5. State aid — Examination by the Commission — Preliminary review and main review — Difficulties of assessment — Commission’s duty to initiate the main review procedure — Serious difficulties — Duration of the first examination capable of constituting an indicator of the existence of serious difficulties (Art. 108(2) and (3) TFEU) (see para. 54)
Re:
| APPLICATION for annulment of Commission Decision C(2009) 9963 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 — (Netherlands — Existing and special project aid to housing corporations). |
Operative part
1. | | The action is dismissed. |
2. | | Vereniging van Institutionele Beleggers in Vastgoed, Nederland (IVBN) is ordered to bear its own costs and to pay those incurred by the European Commission. |