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Case T-648/19: Judgment of the General Court of 14 July 2021 — Nike European Operations Netherlands and Converse Netherlands v Commission (State aid — Aid implemented by the Netherlands in favour of Nike — Tax rulings — Decision to initiate the formal investigation procedure — Arm’s length principle — Advantage — Selective nature — Equal treatment — Good administration — Inadequate preliminary examination — Serious difficulties — Obligation to state reasons)

ECLI:EU:UNKNOWN:62019TA0648

62019TA0648

July 14, 2021
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23.8.2021

Official Journal of the European Union

C 338/18

(Case T-648/19) (*)

(State aid - Aid implemented by the Netherlands in favour of Nike - Tax rulings - Decision to initiate the formal investigation procedure - Arm’s length principle - Advantage - Selective nature - Equal treatment - Good administration - Inadequate preliminary examination - Serious difficulties - Obligation to state reasons)

(2021/C 338/22)

Language of the case: English

Parties

Applicants: Nike European Operations Netherlands BV (Hilversum, Netherlands), Converse Netherlands BV (Amsterdam, Netherlands) (represented by: R. Martens and D. Colgan, lawyers)

Defendant: European Commission (represented by: P.-J. Loewenthal and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2019) 6 final of 10 January 2019 on State aid SA.51284 (2018/NN) — Netherlands — Possible State aid in favour of Nike, initiating the formal investigation procedure laid down in Article 108(2) TFEU.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Nike European Operations Netherlands BV and Converse Netherlands BV to pay the costs.

(*)

Language of the case: English

ECLI:EU:C:2021:140

* * *

(*) Language of the case: English.

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