Order of the General Court (First Chamber) of 17 February 2011 – RapidEye v Commission

(Case T-330/09)

Action for annulment – State aid – Aid granted by the German authorities pursuant to the multi-sectoral framework on regional aid – Satellite-based geo-information services system project – Request for confirmation of the scope of a decision declaring aid to be compatible with the common market – Commission’s response – Measure not open to appeal – Inadmissibility

Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Assessment of those effects by reference to the substance of the measure – Reply of the Commission to an application for confirmation of the scope of a decision declaring State aid compatible with the common market – Confirmatory decision – Not included (Arts 87 EC, 88 EC and 230 EC) (see paras 24-29, 32-37, 40, 44-47)

Re:

APPLICATION for annulment of the decision allegedly contained in the letter from the Commission of 9 June 2009, relating to the aid granted to RapidEye AG by the German authorities for the creation of a satellite-based geo-information services system (State Aid CP 183/2009 – Germany, RapidEye AG (ex-post monitoring MSR 1998 – N 416/2002)).

Operative part

1.The action is dismissed as inadmissible.

2.RapidEye AG is ordered to pay the costs.