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Order of the General Court (Eighth Chamber) of 21 March 2012. # Banco Bilbao Vizcaya Argentaria, SA v European Commission. # Action for annulment - State aid - Aid scheme allowing the tax amortisation of financial goodwill for foreign shareholding acquisitions - Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of the aid - No individual concern - Inadmissibility. # Case T-225/10.
ECLI:EU:T:2012:139
62010TO0225
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(Case T-225/10)
Action for annulment — State aid — Aid scheme allowing the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of the aid — No individual concern — Inadmissibility
3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Commission decision prohibiting a sectoral aid scheme — Individual concern — Criteria — Capacity as party to the administrative procedure — No clearly defined position as a negotiator — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 28-31)
Re:
APPLICATION for annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48).
Operative part
1.The action is dismissed.
2.Banco Bilbao Vizcaya Argentaria, SA is ordered to pay the costs.