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By its order of 17 February 201139 the General Court declared inadmissible the action for annulment of RapidEye AG against the decision presumably contained in a letter of the Commission of 9 June 2009 because that letter was not an act susceptible for action under Article 263 TFEU
In its judgment of 24 March 2011, the General Court on the one hand, dismissed the application of Freistaat Sachsen (‘FS’) and Land Sachsen-Anhalt (‘LSA’) as inadmissible, and on the other hand, accepted the application of Middeldeutsche Flughafen AG (‘MF’) and Flughafen Leipzig Halle (‘FLH’) against the same Commission decision, and partially annulled that decision due to contradictory and thus insufficient motivation of the decision
