Order of the General Court (Eighth Chamber) of 6 September 2021 –
MKB Multifunds v Commission
(Case T‑277/20)
(Action for annulment – State aid – Private equity fund – Complaint – Measures allegedly constituting State aid related to Dutch Venture Initiative – Decision adopted at the end of the preliminary procedure for reviewing aid – Decision finding that there is no State aid – Status as an interested party – Safeguarding of procedural rights – Inadmissibility)
1. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision of the Commission finding that there is no State aid 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) and 263, fourth para., TFEU; Council Regulation 2015/1589, Art. 1(h))
(see paras 23-25)
2. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Decision of the Commission finding that there is no State aid without initiating the formal investigation procedure – Action challenging the justification of that decision – Action by an undertaking not demonstrating that its market position was substantially affected – Inadmissibility
(Arts 108(2) and 263, fourth para., TFEU)
(see paras 26, 53, 54)
3. State aid – Examination by the Commission – Administrative procedure – Person concerned for the purposes of Article 108(2) TFEU – Concept – Undertaking not in direct competition with the aid recipient – Necessity for that undertaking to demonstrate the specific effect of aid on its situation
(Art. 108(2) TFEU; Council Regulation 2015/1589, Art. 1(h))
(see paras 29-51)
4. Action for annulment – Jurisdiction of the EU judicature – Claim seeking that directions be issued to an institution – Claim seeking that the Commission be ordered to open the formal State aid investigation procedure – Lack of jurisdiction
(Art. 263 TFEU)
(see para. 57)
Re:
| Application under Article 263 TFEU seeking, in essence, annulment of Commission Decision C(2020) 1109 final of 27 February 2020 concerning State aid SA.55704 (2019/FC) – the Netherlands, relating to alleged State aid granted to Dutch Venture Initiative. |
Operative part
1. | | The action is dismissed as manifestly inadmissible. |
2. | | MKB Multifunds BV shall bear its own costs and pay those incurred by the European Commission. |
3. | | The Kingdom of the Netherlands shall bear its own costs. |