Judgment_paragraph 42 · Telefónica SA v European Commission (C-274/12 P)

42The Commission contends, on the other hand, that the case-law requires two conditions to be met in order for an applicant to be individually concerned in circumstances such as those here. First, the applicant must be an actual recipient of individual aid granted under an aid scheme. Second, he must be obliged to repay the aid in question or, at least, be exposed to the risk of having to repay it. Contrary to Telefónica’s assertions, it is not, on the other hand, sufficient that the applicant runs the risk of his interests being, in a more general way, seriously harmed. The Court rejected the proposition that an applicant is individually concerned simply by virtue of being the beneficiary of an aid scheme in Joined Cases 67/85, 68/85 and 70/85 Kwekerij van der Kooy and Others v Commission [1988] ECR 219, paragraph 15, and Case C-6/92 Federmineraria and Others v Commission [1993] ECR I-6357, paragraphs 11 to 16.