Order of the General Court (First Chamber) of 17 February 2011 -
   RapidEye v Commission

   (Case T-330/09)

   Action for annulment - State aid - Aid granted by the German
   authorities pursuant to the multi-sectoral framework on regional aid -
   Satellite-based geo-information services system project - Request for
   confirmation of the scope of a decision declaring aid to be compatible
   with the common market - Commission's response - Measure not open to
   appeal - Inadmissibility

   Actions for annulment - Actionable measures - Concept - Measures
   producing binding legal effects - Assessment of those effects by
   reference to the substance of the measure - Reply of the Commission to
   an application for confirmation of the scope of a decision declaring
   State aid compatible with the common market - Confirmatory decision -
   Not included (Arts 87 EC, 88 EC and 230 EC) (see paras 24-29, 32-37,
   40, 44-47)

   Re:

   APPLICATION for annulment of the decision allegedly contained in the
   letter from the Commission of 9 June 2009, relating to the aid granted
   to RapidEye AG by the German authorities for the creation of a
   satellite-based geo-information services system (State Aid CP 183/2009
   - Germany, RapidEye AG (ex-post monitoring MSR 1998 - N 416/2002)).

   Operative part


   1.The action is dismissed as inadmissible.


   2.RapidEye AG is ordered to pay the costs.