Order of the General Court (Fifth Chamber) of 26 March 2014

Data

Court: General Court

Case date: 26 maart 2014

Verdict

Order of the General Court (Fifth Chamber) of 26 March 2014 — Adorisio and Others v Commission

(Case T‑321/13)

"Action for annulment - State aid - Aid granted to banks during the crisis - Recapitalisation of SNS Reaal and SNS Bank - Decision declaring the aid compatible with the internal market - Expropriation of holders of subordinated bonds - No legal interest in bringing proceedings - No standing to bring proceedings - Manifestly inadmissible"

1. Actions for annulmentInterest in bringing proceedingsNeed for an actual and current interestCommission decision declaring State aid, consisting in a recapitalisation of banks, compatible with the internal marketAction brought by holders of subordinated bonds expropriated on the nationalisation of banksNo legal effect of the annulment of the decision on the expropriation of the applicants’ rightsFailure to establish an advantage procured by the annulment of the decisionNo interest in bringing proceedingsInadmissibility (Arts 107 TFEU and 263, fourth para., TFEU; Council Regulation No 659/1999, Art. 14) (see paras 20-30, 35)

2. Actions for annulmentNatural or legal personsMeasures of direct and individual concern to themDecision on State aidCompetitor of the undertaking receiving the aidRight to bring an actionConditionsNo competitive link established by the applicant undertakingNo capacity to bring proceedingsInadmissibility (Art. 263, fourth para., TFEU) (see paras 38-49)

Re:

APPLICATION for annulment of Commission Decision C(2013) 1053 final of 22 February 2013 relating to State aid SA.35382 (2013/N) — Kingdom of the Netherlands — Rescue SNS Reaal 2013.

Operative part

1. The action is dismissed as manifestly inadmissible.

2. Ms Stefania Adorisio and the 363 other applicants listed in the annex hereto are ordered to pay the costs.