Order of the General Court (Seventh Chamber) of 26 January 2012 – Mojo Concerts and Amsterdam Music Dome Exploitatie v Commission

(Case T-90/09)

State aid – Action for annulment – Investment of the Gemeente Rotterdam in the Ahoy’ complex – Decision finding that there was no State aid – Applicants not individually concerned – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision closing an aid proceeding – Competitor of the aid recipient – Right to bring an action – Conditions (Arts 88(2) EC and 230, fourth para., EC) (see paras 30-34)

Re:

APPLICATION for annulment of Commission Decision C(2008) 6018 final of 21 October 2008 on the investment made by the Gemeente Rotterdam in the Ahoy’ complex (State aid C 4/2008 (ex N 97/2007, ex CP 91/2007)).

Operative part

1. The action is dismissed as inadmissible.

2. Mojo Concerts BV and Amsterdam Music Dome Exploitatie BV are ordered to bear their own costs and to pay those incurred by the European Commission, the Gemeente Rotterdam and Ahoy’ Rotterdam NV.

3. The Kingdom of the Netherlands is ordered to bear its own costs.