«(State aid – Aid for the processing of dredging silt – Measure notified to and authorised by the Commission – Action for annulment – Inadmissibility)»

1.. Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Decision declaring a system of aid notified compatible with the common market – No distinct change in the situation of a Member State which requested an assessment of the legality of that system of aid – Not possible to bring an action for annulment against such a decision (Arts 87 EC, 88 EC and 230 EC)

2.. Actions for annulment – Actionable measures – Grounds of a decision – Excluded (Art. 230 EC)

ORDER OF THE COURT (First Chamber) 28 January 2004 (1)

((State aid – Aid for the processing of dredging silt – Measure notified to and authorised by the Commission – Action for annulment – Inadmissibility))

In Case C-164/02,

applicant,

v

defendant,

APPLICATION for the annulment of Commission Decision SG (2002) D/228533 of 15 February 2002 relating to State aid No N 812/2001 concerning the Stimuleringsregeling verwerking baggerspecie (Rules on incentives to encourage the processing of dredging silt), in so far as the Commission takes the view therein that the contributions paid to port authorities pursuant to those rules constitute State aid for the purposes of Article 87(1) EC,

THE COURT (First Chamber),

composed of: P. Jann (Rapporteur), President of the Chamber, A. La Pergola, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges,

Advocate General: M. Poiares Maduro,

after hearing the Advocate General, makes the following

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT (First Chamber)

hereby orders:

Luxembourg, 28 January 2004.

R. Grass

P. Jann

Registrar

President of the First Chamber