Order of the General Court (First Chamber) of 21 May 2010 – ICO Services v Parliament and Council
(Case T-441/08)
Actions for annulment – Decision No 626/2008/EC – Common framework for the selection and authorisation of operators of mobile systems by satellite – No direct concern – Inadmissibility
1. Procedure – Application initiating proceedings – Identification of the parties to the dispute – Application to replace the applicant with a sister company not being a successor to the applicant’s whole legal position – Inadmissible (see paras 27-28)
2. Actions for annulment – Natural and legal persons – Measures of direct and individual concern to them – Commission decision, addressed to Member States, establishing a common framework for the selection and authorisation of operators of mobile systems by satellite – Action by an operator – Decision not producing direct effects on the said operator’s legal position – Not directly concerned – Inadmissible (Art. 230, fourth para., EC) (see paras 55-65)
3. European Union – Judicial review of the legality of the acts of the institutions – Measures of general scope – Need for natural or legal persons to have recourse to a plea of illegality or a reference for a preliminary ruling on validity – Availability of an action for annulment before the Community Court in the event of an insurmountable obstacle at the level of national procedural rules – Not included (Art. 263, fourth para., TFEU) (see paras 67-68)
Re:
| APPLICATION for annulment of Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (OJ 2008 L 172, p. 15). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | ICO Services Ltd is ordered to bear its own costs and pay the costs of the European Parliament and of the Council of the European Union. |
3. | | The European Commission is ordered to bear its own costs. |