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Case C-244/18 P: Judgment of the Court (Second Chamber) of 26 March 2020 — Larko Geniki Metalleftiki kai Metallourgiki AE v European Commission (Appeal — State aid — Capital injections and State guarantees — Concept of State aid — Concept of ‘advantage’ — Private operator principle — Private investor test — European Commission’s obligation to undertake a diligent and impartial examination — Judicial review — Burden of proof — Concept of ‘firm in difficulty’ — Guidelines on State aid for rescuing and restructuring — Guarantee Notice — 2011 temporary framework — Amount of aid to be recovered — Duty of the Commission and the General Court of the European Union to state reasons)
ECLI:EU:UNKNOWN:62018CA0244
62018CA0244
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29.6.2020
Official Journal of the European Union
C 215/5
(Case C-244/18 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - State aid - Capital injections and State guarantees - Concept of State aid - Concept of ‘advantage’ - Private operator principle - Private investor test - European Commission’s obligation to undertake a diligent and impartial examination - Judicial review - Burden of proof - Concept of ‘firm in difficulty’ - Guidelines on State aid for rescuing and restructuring - Guarantee Notice - 2011 temporary framework - Amount of aid to be recovered - Duty of the Commission and the General Court of the European Union to state reasons)
(2020/C 215/06)
Language of the case: Greek
Parties
Appellant: Larko Geniki Metalleftiki kai Metallourgiki AE (represented by: I. Drillerakis, E. Rantos, N. Korogiannakis, I. Soufleros, E. Triantafyllou, and G. Psaroudakis, dikigoroi)
Other party to the proceedings: European Commission (represented by: É. Gippini Fournier and A. Bouchagiar, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 1 February 2018, Larko v Commission (T-423/14, EU:T:2018:57), in so far as, by that judgment, the General Court rejected the first part of the first plea in law to the extent that it relates to a guarantee granted in 2008 by the Greek State to Larko Geniki Metalleftiki kai Metallourgiki AE concerning a loan of EUR 30 million granted by ATE Bank to Larko Geniki Metalleftiki kai Metallourgiki AE;
2.Dismisses the appeal as to the remainder;
3.Refers the case back to the General Court of the European Union;
4.Reserves the costs.
*
Language of the case: Greek.
(1) OJ C 190, 4.6.2018.