Provisional text
Order of the General Court (Third Chamber) of 26 April 2016 —
EGBA and RGA v Commission
(Case T‑238/14)
Action for annulment — State aid — Gambling and betting — Aid envisaged by France for horse-racing companies — Parafiscal levy collected on online horse-race betting — Decision declaring the aid to be compatible with the internal market — Association — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
1. Judicial proceedings — Decision taken by way of reasoned order — Conditions — Appeal manifestly inadmissible or manifestly lacking any foundation in law (Rules of Procedure of the General Court, Art. 126) (see para. 20)
2. Actions for annulment — Natural or legal persons — Meaning of ‘regulatory act’ in Article 263, fourth paragraph, TFEU — Any act of general scope other than legislative acts — Commission decision declaring an aid scheme compatible with the internal market — Commission decision declaring state aid to the horse-racing industry compatible with the internal market — Legal effects in relation to a general and abstract category of persons — Included (Art. 263, fourth para., TFEU) (see paras 28-35)
3. Actions for annulment — Natural or legal persons — Regulatory acts not constituting implementing measures for the purposes of Article 263, fourth para., TFEU — Concept — Commission decision declaring state aid to the horse-racing industry compatible with the internal market — Implementation by national implementing measures — Not included (Art. 263, fourth para., TFEU) (see paras 37-41)
4. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision declaring State aid to be compatible with the common market without initiating the formal investigation procedure — Action by interested parties within the meaning of Article 108(2) TFEU — Admissibility — Conditions (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 45-47)
5. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Action brought by a trade association set up to protect and represent its members — Admissibility — Conditions (Art. 263, fourth para., TFEU) (see para. 50)
6. Judicial proceedings — Time-limit for producing evidence — Article 85(2) of the Rules of Procedure of the General Court — Scope (Rules of Procedure of the General Court, Arts 85(2), and 92(7)) (see para. 53)
7. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision finding an aid compatible with the internal market — Action by an association acting in the collective interests of its members — Whether members of the association individually affected — Need for the association to demonstrate that its members substantially affected — Requirement not met — Inadmissibility (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 57-59, 66-69)
8. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision finding State aid compatible with the internal market at the conclusion of the formal investigation procedure — Action by an association having played an active part in that procedure — Not sufficient for recognition of a capacity to bring proceedings — Inadmissibility (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 74, 75)
Re:
| APPLICATION for annulment of Commission Decision 2014/19/EU of 19 June 2013 on State aid No SA.30753 (C 34/10) (ex N 140/10) which France is planning to implement for horse-racing companies (OJ 2014 L 14, p. 17). |
Operative part
1. | | The action is dismissed. |
2. | | European Gaming and Betting Association (EGBA) and The Remote Gambling Association (RGA) are ordered to bear their own costs and pay those incurred by the European Commission. |
3. | | The French Republic is ordered to bear its own costs. |