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Case T-778/17: Judgment of the General Court of 24 October 2019 — Autostrada Wielkopolska v Commission (State aid — Toll-motorway concession — Law providing for an exemption from tolls for certain vehicles — Compensation granted to the concession holder by the Member State for loss of revenue — Shadow toll — Decision declaring aid incompatible with the internal market and ordering its recovery — Procedural rights of the interested parties — Commission’s obligation to exercise particular vigilance — Concept of State aid — Advantage — Improvement of the concessionaire’s expected financial situation — Criterion of the private operator in a market economy — Article 107(3)(a) TFEU — Regional State aid)
ECLI:EU:UNKNOWN:62017TA0778
62017TA0778
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23.12.2019
Official Journal of the European Union
C 432/38
(Case T-778/17) (<span class="super note-tag">1</span>)
(State aid - Toll-motorway concession - Law providing for an exemption from tolls for certain vehicles - Compensation granted to the concession holder by the Member State for loss of revenue - Shadow toll - Decision declaring aid incompatible with the internal market and ordering its recovery - Procedural rights of the interested parties - Commission’s obligation to exercise particular vigilance - Concept of State aid - Advantage - Improvement of the concessionaire’s expected financial situation - Criterion of the private operator in a market economy - Article 107(3)(a) TFEU - Regional State aid)
(2019/C 432/43)
Language of the case: English
Applicant: Autostrada Wielkopolska S.A. (Poznań, Poland) (represented by: O. Geiss, D. Tayar and T. Siakka, lawyers)
Defendant: European Commission (represented by: L. Armati, K. Herrmann and S. Noë, acting as Agents)
Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna and M. Rzotkiewicz, acting as Agents)
Re:
Action under Article 263 TFEU seeking annulment of Commission Decision (EU) 2018/556 of 25 August 2017 on the State aid SA.35356 (2013/C) (ex 2013/NN, ex 2012/N) implemented by Poland for Autostrada Wielkopolska S.A. (OJ 2018 L 92, p. 19).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Autostrada Wielkopolska S.A. to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Republic of Poland to bear its own costs.
(<span class="note">1</span>) OJ C 32, 29.1.2018.