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Case C-572/19 P: Judgment of the Court (Fifth Chamber) of 10 March 2021 — European Road Transport Telematics Implementation Coordination Organisation — Intelligent Transport Systems & Services Europe (Ertico — ITS Europe) v European Commission (Appeal — State aid — Seventh Framework Programme for research, technological development and demonstration activities — Recommendation 2003/361/EC — Decision of the Validation Panel of the European Commission on classification as a micro, small or medium-sized enterprise (SME) — Decision 2012/838/EU, Euratom — Annex — Sections 1.2.6 and 1.2.7 — Request for review — Regulation (EC) No 58/2003 — Article 22 — No administrative proceedings — Link between request for review and administrative proceedings — Refusal of SME status despite formal observance of the Recommendation 2003/361 criteria — Legal certainty — Legitimate expectations — Handicaps usually faced by SMEs — None)
ECLI:EU:UNKNOWN:62019CA0572
62019CA0572
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Official Journal of the European Union
C 182/9
(Case C-572/19 P) (1)
(Appeal - State aid - Seventh Framework Programme for research, technological development and demonstration activities - Recommendation 2003/361/EC - Decision of the Validation Panel of the European Commission on classification as a micro, small or medium-sized enterprise (SME) - Decision 2012/838/EU, Euratom - Annex - Sections 1.2.6 and 1.2.7 - Request for review - Regulation (EC) No 58/2003 - Article 22 - No administrative proceedings - Link between request for review and administrative proceedings - Refusal of SME status despite formal observance of the Recommendation 2003/361 criteria - Legal certainty - Legitimate expectations - Handicaps usually faced by SMEs - None)
(2021/C 182/12)
Language of the case: English
Parties
Appellant: European Road Transport Telematics Implementation Coordination Organisation — Intelligent Transport Systems & Services Europe (Ertico — ITS Europe) (represented by: M. Wellinger and K. T’Syen, avocats)
Other party to the proceedings: European Commission (represented by: R. Lyal and A. Kyratsou, acting as Agents)
Intervener in support of the appellant: Czech Republic (represented by: M. Smolek, J. Vláčil, O. Serdula and J. Očková, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders European Road Transport Telematics Implementation Coordination Organisation — Intelligent Transport Systems & Services Europe (Ertico — ITS Europe) to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Czech Republic to bear its own costs.
(1) OJ C 312, 16.9.2019.