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Order of the General Court (Eighth Chamber) of 21 March 2012.#Telefónica, SA v European Commission.#Action for annulment — State aid — Aid schemes allowing for 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 aid — Act entailing implementing measures — Lack of individual concern — Inadmissibility.#Case T‑228/10.
ECLI:EU:T:2012:140
62010TO0228
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(Case T‑228/10)
3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Assessment at the time the action brought (Art. 263, fourth para., TFEU) (see para. 35)
4. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Measure containing implementation measures at national level — Need to show that persons individually affected (Art. 263, fourth para., TFEU) (see paras 42-45)
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.Telefónica, SA is ordered to pay the costs.