«(State aid – Aid for regional purposes – Validity of lawyer's signature on the application – Standing – Statement of reasons – Compatibility with the common market – Prohibition of discrimination – Right of establishment of the national competitors of the aid recipient – Protection of the environment – Misuse of powers)»

1.. State aid – Planned aid – Review by the Commission – Preliminary stage and inter partes stage – Compatibility of aid with the common market – Difficulties of assessment – Commission's obligation to initiate the inter partes procedure (EC Treaty, Art. 93(2) and (3) (now Art. 88(2) and (3) EC))

2.. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision addressed to a Member State and finding a State aid to be compatible with the common market without initiating the formal investigation procedure – Action brought by parties concerned within the meaning of Article 93(2) of the Treaty (now Article 88(2) EC) – Whether admissible (EC Treaty, Art. 93(2) and (3) (now Art. 88(2) and (3) EC) and Art. 173, fourth para. (now, after amendment, Art. 230, fourth para., EC))

3.. Acts of the institutions – Statement of reasons – Obligation – Scope – Taking into account of the context and all the legal rules (EC Treaty, Art. 190 (now Art. 253 EC))

4.. State aid – Definition – Legal nature – Interpretation on the basis of objective factors – Reservation agreement – Evaluation according to the criterion of the private investor (EC Treaty, Art. 92(1) (now, after amendment, Art. 87(1) EC))

5.. Actions for annulment – Pleas – Misuse of powers – Definition (EC Treaty, Art. 173 (now, after amendment, Art. 230 EC))

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition) 13 January 2004 (1)

((State aid – Aid for regional purposes – Validity of lawyer's signature on the application – Standing – Statement of reasons – Compatibility with the common market – Prohibition of discrimination – Right of establishment of the national competitors of the aid recipient – Protection of the environment – Misuse of powers))

In Case T-158/99,

applicants,

v

defendant, supported by

intervener,

APPLICATION for annulment of Commission Decision SG(99) D/1523 of 3 February 1999 declaring State aid in connection with a hotel project in Loipersdorf (Austria) compatible with the common market,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber, Extended Composition),

composed of: B. Vesterdorf, President, J. Azizi, M. Jaeger, H. Legal and M.E. Martins Ribeiro, Judges,

Registrar: D. Christensen, Administrator,

having regard to the written procedure and further to the hearing on 1 April 2003,

gives the following

...

...

...

Failure of the applicants' lawyer to sign the application

Arguments of the parties

Findings of the Court

The applicants' lack of standing to bring proceedings

Arguments of the parties

Findings of the Court

The first plea in law alleging breach of the right to be heard under Article 93(2) of the Treaty

Arguments of the parties

Findings of the Court

The second plea in law alleging inadequate reasoning of the contested decision

Arguments of the parties

Findings of the Court

The third plea in law alleging infringement of Article 92(1) of the Treaty

Arguments of the parties

Findings of the Court

The fourth plea in law alleging infringement of Article 92(3)(c) of the Treaty

Arguments of the parties

Findings of the Court

Arguments of the parties

Findings of the Court

The sixth plea in law alleging infringement of Community legislation relating to freedom of establishment

Arguments of the parties

Findings of the Court

The seventh plea in law alleging disregard of Community legislation relating to environmental protection

Arguments of the parties

Findings of the Court

The eighth plea in law alleging misuse of powers

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition)

hereby:

Vesterdorf

Azizi

Jaeger

Legal

Martins Ribeiro

Delivered in open court in Luxembourg on 13 January 2004.

H. Jung

B. Vesterdorf

Registrar

President