72The applicant submits, in the third place, that it is mentioned by name in several places in the contested decision, that its particular situation determined the course of the administrative procedure, and that Elf took an active part in that procedure and made numerous observations. In support of its arguments, it cites a number of judgments of the Court of Justice in antidumping cases (Joined Cases 239/82 and 275/82 Allied Corporation and Others v Commission [1984] ECR 1005, Case 264/82 Timex v Council and Commission [1985] ECR 849, Joined Cases C-133/87 and C-150/87 Nashua and Others v Commission and Council [1990] ECR I-719, and Case C-358/89 Extramet Industrie v Council [1991] ECR I-2501), together with the Cofaz judgment which, it says, held that the cases on the antidumping procedure should be used as a guide when assessing whether an applicant has standing to bring an action for annulment in a State aid case. It says that Cofaz cannot be interpreted as meaning that undertakings unable to demonstrate that they are in a situation identical to that examined in that judgment can never be regarded as individually concerned within the meaning of Article 173 of the Treaty (Case T-435/93 ASPEC and Others v Commission [1995] ECR II-1281, paragraph 64, and Case T-149/95 Ducros v Commission [1997] ECR II-2031, paragraph 34). The fact that the applicant was not at the origin of a complaint which gave rise to the opening of the administrative procedure is not therefore decisive in the present case.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.