Sygn. akt C-640/16
Order of the Court (Eighth Chamber) of 10 October 2017 — Greenpeace Energy v Commission
(Case C‑640/16 P) (1)
(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Action for annulment — Article 263 TFEU — Admissibility — Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station — Decision declaring the aid compatible with the internal market — Locus standi — Appellant not individually concerned)
1. Actions for annulment — Natural or legal persons — Notion of ‘regulatory act’ within the meaning of the fourth paragraph of Article 263 TFEU — Any act of general scope other than legislative acts — Commission decision declaring an individual aid compatible with the internal market — Not included
(Art. 263, fourth para., TFEU)
(see paras 24-26)
2. State aid — Prohibition — Exceptions — Aid capable of being regarded as compatible with the internal market — Assessment in the light of Article 107(3)(c) TFEU — Taking into account previous practice — Not included
(Art. 107(3)(c) TFEU)
(see para. 27)
3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision terminating an aid proceeding — Competitor of the undertaking receiving the aid — Right to bring an action — Conditions
(Arts 107(3) TFEU and 263, fourth para., TFEU)
(see paras 37-39)
4. Appeal — Grounds — Error of law relied on not identified — Inadmissibility
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, fourth para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169)
(see para. 48)
5. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see paras 49, 50)
6. Fundamental rights — Right to effective judicial protection — Review of legality of EU measures — Procedures — Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure — Possibility of using an annulment action or reference for a preliminary ruling on validity
(Art. 19(1) TEU; Arts 263, fourth para., TFEU and 267 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 51(1))
(see paras 60-63)
Operative part
1.
The appeal is dismissed.
2.
Greenpeace Energy eG shall bear its own costs and pay those incurred by the European Commission.
OJ C 38, 6.2.2017.
