Order of the General Court (Fifth Chamber) of 26 March 2014 — Adorisio and Others v Commission
(Case T‑321/13)
Action for annulment — State aid — Aid granted to banks during the crisis — Recapitalisation of SNS Reaal and SNS Bank — Decision declaring the aid compatible with the internal market — Expropriation of holders of subordinated bonds — No legal interest in bringing proceedings — No standing to bring proceedings — Manifestly inadmissible
1. Actions for annulment — Interest in bringing proceedings — Need for an actual and current interest — Commission decision declaring State aid, consisting in a recapitalisation of banks, compatible with the internal market — Action brought by holders of subordinated bonds expropriated on the nationalisation of banks — No legal effect of the annulment of the decision on the expropriation of the applicants’ rights — Failure to establish an advantage procured by the annulment of the decision — No interest in bringing proceedings — Inadmissibility (Arts 107 TFEU and 263, fourth para., TFEU; Council Regulation No 659/1999, Art. 14) (see paras 20-30, 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 — No competitive link established by the applicant undertaking — No capacity to bring proceedings — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 38-49)
Re:
| APPLICATION for annulment of Commission Decision C(2013) 1053 final of 22 February 2013 relating to State aid SA.35382 (2013/N) — Kingdom of the Netherlands — Rescue SNS Reaal 2013. |
Operative part
1. | | The action is dismissed as manifestly inadmissible. |
2. | | Ms Stefania Adorisio and the 363 other applicants listed in the annex hereto are ordered to pay the costs. |