Judgment of the Court (Tenth Chamber) of 21January 2016—
SACBO v Commission and INEA
(Case C‑281/14P)(1)
Appeal — Trans-European Transport Network — Financial aid — Closure — Decision declaring certain costs to be ineligible and establishing the final account — Fourth paragraph of Article 263 TFEU — Action for annulment - Challengeable act — Locus standi — Person other than the beneficiary of the aid)
1.Actions for annulment— Application brought by the natural or legal person to whom the contested measure is addressed— Notion of addressee— Addressee of a copy of that measure — Not included (Art.263, fourth para., TFEU) (see para.34)
2.Appeals— Grounds— Plea submitted for the first time in the context of the appeal— Inadmissibility (Art.256(1) TFEU; Statute of the Court of Justice, Art.58, first para.; Rules of Procedure of the Court of Justice, Art.170(1)) (see paras43, 44)
3.Actions for annulment— Natural or legal persons— Measures not of direct and individual concern to them— Inadmissibility— Judicial protection ensured by the action for damages (Arts263, fourth para., TFEU and 268 TFEU; Charter of Fundamental Rights of the European Union, Art.47) (see paras46, 47)
4.Actions for annulment— Natural or legal persons— Measures of direct and individual concern to them— Whether directly concerned— Criteria— Decision of an executive agency of the European Union not to regard as eligible certain costs incurred in undertaking a project benefiting from European Union financial aid— Body entrusted with the implementation of that project not directly concerned (Arts107(1) TFEU, 108(3) TFEU and 263, fourth para., TFEU; Commission Regulations No1998/2006 and No1407/2013) (see paras61, 63-65)
5.Appeals— Grounds— Inadequate statement of reasons— Reliance by the General Court on implied reasoning— Lawfulness— Conditions (Art.256(1) TFEU; Statute of the Court of Justice, Arts36, 53, first para., and 58, first para.; Rules of Procedure of the General Court, Art.81) (see para.68)
Operative part
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders Società per l’aeroporto civile di Bergamo-Orio al Serio (SACBO) SpA to pay the costs. |
1OJ C292, 1.9.2014.