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State aid – System of aid granted by the Belgian authorities in support of inter-modal transport by inland waterways – Decision of the Commission not to object – Action for annulment brought by associations representing the interests of undertakings established in the port area of Rotterdam – Absence of any significant effect on a competitive position – Manifest inadmissibility
Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision declaring an aid scheme incompatible with the common market – Action brought by an association of undertakings – Not individually concerned – Inadmissibility (Arts 88(2) and (3) EC and 230, fourth para., EC) (see paras 32-33, 36-39, 42-43, 48-49)
ANNULMENT of Commission Decision C(2007) 1939 final of 10 May 2007 not to object, following the preliminary examination procedure laid down in Article 88(3) EC, to the system of aid envisaged by the Vlaams Gewest (Flemish Region, Belgium) in support of inter-modal transport via inland waterways (State aid N 682/2006 – Belgium).
1.The action is dismissed as manifestly inadmissible.
2.Deltaqings and SVZ, Havenondernemersvereninging Rotterdam are ordered to bear their own costs and those incurred by the Commission.
3.Vlaams Gewest and Waterwegen en Zeekanaal NV are ordered to bear their own costs.