On the basis of the ECJ case law, it appears that third parties’ right to challenge the Commission’s decisions under Article 173 depends on their involvement in the administrative procedure before the Commission as complainants or by making their views heard during the procedure. This does not appear to be changed by the ECJ Kruidvat judgment. Third parties not sufficiently individually concerned to apply for annulment could possibly apply to intervene in relevant proceedings before the CFI if they can establish an 'interest in the result of the case' (CFI rules of procedure), which must be, however, 'a direct interest in the ruling on the specific act whose annulment is sought' rather than 'only an indirect interest in the result of the case by reason of similarities of their situation and that of one of the parties' (CFI’s order rejecting YSLP’s application).

Maya Barr
Freshfields Deringer
Brussels