Order of the General Court (First Chamber) of 14 July 2010 – Germany v Commission

(Case T-571/08)

Action for annulment – State aid – Information injunction – Non-actionable measure – Inadmissibility

1.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Not included – Commission decision in the context of the administrative investigation procedure in relation to an aid measure directing the Member State to provide information – Preparatory measure (Art. 263 TFEU) (see paras 22-23, 31)

2.                     State aid – Administrative procedure – Possibility for the Commission to base its decision on the information available – Condition (Art. 108(2) TFEU; Council Regulation No 659/1999, Arts 5(2), 10(3), and 13(1)) (see paras 26, 29, 39-40)

3.                     Actions for annulment – Actionable measures – Measures producing binding legal effects – Decision of the Commission to initiate a formal investigation procedure in relation to State aid accompanied by provisional classification as new aid (Arts 107(1) TFEU, 108(2) and (3) TFEU and 263 TFEU) (see paras 33-34)

4.                     State aid – Commission decision finding aid to be incompatible with the common market – Possibility for the Commission to base its decision on the information available – Limits (Art. 108(2) TFEU; Council Regulation No 659/1999, Art. 13(1)) (see para. 43)

Re:

APPLICATION for annulment of the decision contained in the Commission’s letter of 30 October 2008, requiring information to be provided in the proceedings relating to State aid to Deutsche Post AG (C 36/2007 (ex NN 25/2007)).

Operative part

1. The action is dismissed as inadmissible.

2. The Federal Republic of Germany is ordered to pay the costs.