Case T-292/02

Confederazione Nazionale dei Servizi (Confservizi)

v

Commission of the European Communities

(State aid – Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates – Decision declaring the aid incompatible with the common market – Actions for annulment – Association of undertakings – Not individually concerned – Inadmissibility)

Summary of the Judgment

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision declaring an aid scheme incompatible with the common market

(Art. 230, fourth para., EC; Council Regulation No 659/1999, Arts. 1(h) and 20)

Actions brought by associations are admissible in certain situations: where the association represents the interests of undertakings which themselves have locus standi; where the association is differentiated by reason of the impact on its own interests as an association, in particular because its position as a negotiator has been affected by the measure of which annulment is sought; and where a legal provision expressly confers on it a number of rights of a procedural nature.

As regards an action brought by an association of undertakings against a Commission decision declaring an aid scheme incompatible with the common market, concerning the first situation referred to above, the possibility of determining more or less precisely the number or even the identity of the persons to whom a measure applies does not mean that that measure must be regarded as being of individual concern to them, as long as it is established that that application takes effect by virtue of an objective legal or factual situation defined by the measure in question.

Concerning the second situation, the fact that the association participated at the administrative stage by virtue of Article 1(h) and Article 20 of Regulation No 659/1999, concerning the application of Article 88 EC, cannot lead to the conclusion that it was affected in its position as negotiator by the measure of which annulment is sought. Those provisions do not confer any special status on representative associations by comparison with that conferred on any other interested party.

With regard to the third situation, while Article 1(h) and Article 20 of Regulation No 659/1999 confer procedural rights on interested parties, the mere fact that an association was able to submit its comments in the procedure under Article 88(2) EC and may be regarded as being concerned cannot suffice to render its action admissible.

(see paras 52-53, 58-59)