Order of the General Court (Third Chamber) of 31 March 2014 — SACBO v Commission and INEA
(Case T‑270/13)
Action for annulment — Community financial aid to projects of common interest in the field of trans-European transport and energy networks — No direct concern — Non-actionable measure — Preparatory act — Inadmissibility
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Decision of an executive agency of the European Union to disallow certain costs incurred in carrying out a project benefiting from Community financial assistance — Organisation entrusted with implementing the project not directly affected (Art. 263, fourth para., TFEU) (see paras 20, 21, 24-32, 36)
2. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included (Art. 263 TFEU) (see paras 38-49)
Re:
| APPLICATION for annulment of the decision of 18 March 2013 of the Trans-European Transport Network Executive Agency (TEN-T EA) relating to certain expenditure incurred in carrying out a feasibility study concerning the intermodal nature of the Bergamo-Orio al Serio airport (Italy) following the grant of financial aid by the Commission to the Ente Nazionale per l’Aviazione Civile (ENAC, Italian national civil aviation authority). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | There is no need to adjudicate on the application by the Republic of Poland for leave to intervene. |
3. | | The Società per l’aeroporto civile di Bergamo-Orio al Serio SpA (SACBO SpA) is ordered to bear its own costs and pay those incurred by the European Commission and the Innovation and Networks Executive Agency (INEA). |