Order of the General Court (Seventh Chamber) of 19 October 2012 — Ellinika Nafpigeia and Hoern v Commission

(Case T­-466/11)

Action for annulment — State aid — Shipbuilding — Aid granted by the Greek authorities to a shipyard — Measures implementing the Commission’s decision finding the aid incompatible with the common market and ordering that it be repaid — Inadmissibility

1.                     Proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Application initiating proceedings not sufficiently clear and precise — Inadmissibility (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 19-22)

2.                     Actions for annulment — Time-limits — Point from which time starts to run — Date on which national authorities communicated the contested measure to the applicant — Precise knowledge of the contents — Action brought after expiry of the time-limit — Inadmissibility (Art. 263, sixth para., TFEU; Rules of Procedure of the General Court, Art. 102(2)) (see paras 24-26)

3.                     Proceedings — Measures of organisation of procedure — Request for production of documents — Documents constituting the contested decision — Documents not identified by the applicant — Inadmissibility of the application (Rules of Procedure of the General Court, Arts 44(1)(c), 64 and 65) (see paras 28, 29)

Re:

APPLICATION for the annulment of Commission letter C(2010) 8274 final of 1 December 2010 relating to ‘State aid case CR 16/2004 — Implementation of the negative Decision with recovery concerning State aid in favour of [the company Ellinika Nafpigeia AE] — Invocation by Greece of Article 346 paragraph 1(b) TFEU and proceedings under Article 348 paragraph 1 TFEU’, as supplemented by the documents and other material on the file of which the applicants became partially aware in June 2011.

Operative part

1.

The action is dismissed as inadmissible.

2.

There is no need to adjudicate on the application by Nafpigikes kai viomichanikes epicheiriseis Elefsinas for leave to intervene.

3.

Ellinika Nafpigeia AE and 2. Hoern Beteiligungs GmbH are ordered to bear their own costs and pay those incurred by the European Commission.

4.

The applicant for leave to intervene, Nafpigikes kai viomichanikes epicheiriseis Elefsinas, is ordered to bear its own costs.