Order of the General Court (Fifth Chamber) of 27 March 2012 — European Goldfields v Commission

(Case T-261/11)

Action for annulment — State aid — Subsidy granted by the Greek authorities in favour of the mining company Ellinikos Chrysos consisting of the transfer of the Cassandra mines at a price lower than the real market value and exemption from taxes on that transaction — Decision declaring the aid unlawful and ordering its recovery, with interest — No legal interest in bringing proceedings — Inadmissibility

Actions for annulment — Natural or legal persons — Interest in bringing proceedings — Commission decision finding, at the conclusion of the formal investigation procedure, that aid incompatible with the internal market — Action by the main shareholder of the beneficiary undertaking — Mere shareholding in an undertaking and involvement in the aid investigation procedure not in itself sufficient to give rise to a right to bring proceedings — No present or future threat to solvency — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 16-17, 21, 24, 26-29)

Re:

APPLICATION for the annulment of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Chrysos SA (OJ 2011 L 193, p. 27).

Operative part

1.

The action is dismissed as inadmissible.

2.

European Goldfields Ltd is ordered to pay the costs.

3.

There is no need to adjudicate on the application for leave to intervene by Ellinikos Chrysos AE Metalleion kai Viomixanias Chrysou.