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Case T-598/15: Order of the General Court of 25 November 2016 — Stichting Accolade v Commission (State aid — Sale of land at prices allegedly below market price — Complaint made by a third party to the Commission — Decision declaring that the contested measure does not constitute aid — Procedure governing the preliminary examination stage under Article 108(2) TFEU and under Article 10(1), Article 13(1) and Article 4(2) of Regulation (EC) No 659/1999 concerning allegedly unlawful individual aid — Action for annulment brought by a third party — Admissibility — Locus standi — Action designed to safeguard procedural rights — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility)
ECLI:EU:UNKNOWN:62015TB0598
62015TB0598
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23.1.2017
Official Journal of the European Union
C 22/34
(Case T-598/15) (<span class="super note-tag">1</span>)
((State aid - Sale of land at prices allegedly below market price - Complaint made by a third party to the Commission - Decision declaring that the contested measure does not constitute aid - Procedure governing the preliminary examination stage under Article 108(2) TFEU and under Article 10(1), Article 13(1) and Article 4(2) of Regulation (EC) No 659/1999 concerning allegedly unlawful individual aid - Action for annulment brought by a third party - Admissibility - Locus standi - Action designed to safeguard procedural rights - Action challenging the merits of the contested measure - No substantial effect on the competitive position - Inadmissibility))
(2017/C 022/46)
Language of the case: Dutch
Parties
Applicant: Stichting Accolade (Drachten, the Netherlands) (represented by: H. de Boer and J. Abma, lawyers)
Defendant: European Commission (represented by: P.-J. Loewenthal and S. Noë, acting as agents)
Re:
Application pursuant to Article 263 TFEU seeking annulment of Commission Decision C(2015) 4411 final of 30 June 2015 on State aid SA.34676 (2015/NN) — The Netherlands (alleged sale of land below market price by the municipality of Harlingen), by which the Commission decided that the sale of that land to Ludinga Vastgoed BV did not constitute State aid within the meaning of Article 107(1) TFEU.
Operative part of the order
1.The action is dismissed as being inadmissible.
2.Stichting Accolade shall pay the costs.
(<span class="super">1</span>) OJ C 406, 7.12.2015.