Order of the General Court (Seventh Chamber) of 11 November 2013 —
Mory and Others v Commission
(Case T‑545/12)
Action for annulment — State aid — Traditional and express couriers — Decision not to extend the obligation of repayment to the potential purchasers of the beneficiary in composition with creditors — No legal interest in bringing proceedings — Inadmissibility
Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Action brought against a Commission decision concerning the question of detailed arrangements for recovering illegal and incompatible aid — Action brought by competitors of the beneficiary undertaking, placed in liquidation — Mere participation in the administrative procedure insufficient to give rise to an interest in bringing proceedings — No significant threat to the applicants’ market position — Uncertain future legal position — Potential annulment not connected to an action for compensation before the national courts — Hypothetical character of an action for compensation before the EU judicature — No interest in bringing proceedings — Inadmissibility (Art. 263, fourth para., TFEU; Council Regulation No 659/99, Art. 14) (see paras 26‑34, 37, 47‑50, 53, 59)
Re:
| APPLICATION for annulment of Commission Decision C(2012) 2401 final of 4 April 2012, concerning the takeover of assets of the Sernam group as part of its composition with creditors. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | There is no need to adjudicate on the applications of the French Republic and Calberson to intervene. |
3. | | Mory SA, Mory Team and Superga Invest are ordered to bear their own costs and pay those incurred by the European Commission. |
4. | | The French Republic and Calberson, applicants for leave to intervene, are ordered to bear their own costs. |