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Case T-216/24: Order of the General Court of 3 February 2025 – Kerkosand v Commission (Action for failure to act – State aid – Adoption of a position by the Commission after the action was brought and putting an end to the failure to act – Compliance with a judgment of the General Court – Action which has become devoid of purpose – No need to adjudicate)
ECLI:EU:UNKNOWN:62024TB0216
62024TB0216
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Official Journal of the European Union
C series
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C/2025/2400
28.4.2025
(Case T-216/24)
(Action for failure to act - State aid - Adoption of a position by the Commission after the action was brought and putting an end to the failure to act - Compliance with a judgment of the General Court - Action which has become devoid of purpose - No need to adjudicate)
(C/2025/2400)
Language of the case: German
Parties
Applicant: Kerkosand spol. s r. o. (Šajdíkove Humence, Slovakia) (represented by: A. Rosenfeld and C. Holtmann, lawyers)
Defendant: European Commission (represented by: M. Abenhaïm, I. Barcew and C. Kovács, acting as Agents)
Re:
By its action under Articles 265 and 266 TFEU, the applicant asks the General Court to declare that, following the judgment of 9 September 2020, Kerkosand v Commission (T-745/17, EU:T:2020:400), by which the General Court annulled Commission Decision C(2017) 5050 final of 20 July 2017 concerning investment aid to the Slovak glass sand producer NAJPI a. s. (SA.38121 (2016/FC) – Slovakia) (OJ 2017 C 336, p. 1), the European Commission unlawfully failed to initiate a formal investigation procedure in accordance with Article 4(4) of Council Regulation (EU) 2015/1589 of 13 July 2015 implementing Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9), concerning State aid SA. 38121 (2016/FC) granted by Slovakia to NAJPI a. s.
Operative part of the order
There is no longer any need to adjudicate on the action.
The European Commission shall bear its own costs and pay those incurred by Kerkosand spol s r. o.
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(1) OJ C C/2024/3625, 17.6.2024.
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ELI: http://data.europa.eu/eli/C/2025/2400/oj
ISSN 1977-091X (electronic edition)
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