Order of the Court of First Instance (Fifth Chamber) of 14 May 2009 – USSteelKošice v Commission
(Case T-22/07)
Action for annulment–State aid–Act of Accession–Condition imposed on the beneficiary to limit its sales of flat products in the ‘enlarged EU’–Commission letter interpreting the condition as applying to the Bulgarian and Romanian markets from the date of their accession–Act not amenable to review–Inadmissibility
Actions for annulment – Actionable measures – Definition – Measure producing binding legal effects – Letter from a Commission department to a Member State concerning the interpretation of a term and inviting the Member State to discuss – Not included (Art. 230, fourth para., EC) (see paras 40-45)
Re:
| ACTION for annulment of the decision allegedly contained in the Commission’s letter of 22November2006, inasmuch as it interprets the condition imposed on the applicant to limit its sales of flat products in the ‘enlarged EU’ as applying also, from 1January2007, to the Bulgarian and Romanian markets. |
Operative part
1.The action is dismissed as inadmissible.
2.US Steel Košice s.r.o. is ordered to bear its own costs and pay those incurred by the Commission.
3.The Slovak Republic is ordered to bear its own costs.