Order of the General Court (Seventh Chamber) of 16 December 2011 – Stichting Woonpunt and Others v Commission

(Case T-203/10)

State aid – Scheme of aid granted by the Netherlands to housing corporations – Existing aid – Decision accepting Member State’s commitments – Decision declaring new aid compatible – Action for annulment – Not individually concerned – No interest in bringing proceedings – Inadmissibility

1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision declaring modifications to an existing aid scheme concerning the general system of financing housing corporations compatible with the internal market – Access to the aid scheme opened on the basis of objective criteria and without limitation as to the number of potential beneficiaries – Action of a company eligible for that scheme – Inadmissibility (Art. 263, fourth para., TFEU) (see paras 25-26, 28-30, 34-35, 42)

2.                     Actions for annulment – Natural or legal persons – Interest in bringing proceedings – Action by a potential beneficiary company of duly notified State aid brought against the Commission decision declaring it incompatible with the internal market under certain restrictive conditions – Beneficiaries of new aid not able to invoke unfavourable legal effects in relation to a previous situation – Inadmissibility (Art. 263, fourth para., TFEU) (see paras 55, 58)

Re:

APPLICATION for annulment of Commission Decision C(2009) 9963 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 (Netherlands) – Existing and special project aid to housing corporations.

Operative part

1.

The action is dismissed as inadmissible.

2.

There is no need to adjudicate on the applications for leave to intervene of Vesteda Groep BV and the Netherlands Vereniging van Institutionele Beleggers in Vastgoed.

3.

Stichting Woonpunt, Stichting Com.wonen, Woningstichting Haag Wonen and Stichting Woonbedrijf SWS.Hhvl are ordered to bear their own costs and pay those incurred by the European Commission.

4.

Vesteda Groep and the Netherlands Vereniging van Institutionele Beleggers in Vastgoed, applicants for leave to intervene, are ordered to bear their own costs.