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Order of the Court of First Instance (Fifth Chamber) of 14 May 2009. # US Steel Košice s.r.o. v Commission of the European Communities. # 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. # Case T-22/07.
ECLI:EU:T:2009:158
62007TO0022
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(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 22 November 2006, 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 1 January 2007, to the Bulgarian and Romanian markets.
Operative part
3. The Slovak Republic is ordered to bear its own costs.