Order of the Court of First Instance (Sixth Chamber) of 20 October 2009 – Lebard v Commission

(Case T-89/06)

Action for annulment – No legal interest in bringing proceedings – Inadmissibility

1.                     Actions for annulment – Interest in bringing proceedings – Natural or legal persons – Action capable of securing a benefit for the applicant (Art. 230 EC) (see paras 35-40)

2.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Action for compensation for damage caused by a Community institution (Statute of the Court of Justice, Arts 21 and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 47-51)

Re:

APPLICATION for, inter alia, annulment of the decisions of the Commission rejecting, first, the request for a review as to whether the company Aventis had complied with the commitments entered into in connection with the Commission’s decision of 9 August 1999 in Case IV/M.1378 – Hoechst/Rhône-Poulenc, and, second, application for withdrawal of the Commission’s decision of 13 July 1999 in Case IV/M.1517 – Rhodia/Donau Chemie/Albright & Wilson.

Operative part

1.

The action is dismissed as inadmissible.

2.

Mr Daniel Lebard is ordered to bear his own costs and pay those incurred by the Commission of the European Communities.

3.

There is no need to adjudicate on the application for leave to intervene submitted by Valauret SA.