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Case C-53/17: Request for a preliminary ruling from the Fövárosi Törvényszék (Hungary) lodged on 2 February 2017 — Bericap Záródástechnikai Cikkeket Gyártó Bt. v Nemzetgazdasági Minisztérium
ECLI:EU:UNKNOWN:62017CN0053
62017CN0053
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8.5.2017
EN
Official Journal of the European Union
C 144/22
(Case C-53/17)
(2017/C 144/28)
Language of the case: Hungarian
Referring court
Parties to the main proceedings
Applicant: Bericap Záródástechnikai Cikkeket Gyártó Bt.
Defendant: Nemzetgazdasági Minisztérium
Questions referred
1.Is the subparagraph of Article 3(3) of Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 which is worded ‘Enterprises which have one or other of such relationships through a natural person or group of natural persons acting jointly are also considered linked enterprises if they engage in their activity or in part of their activity in the same relevant market or in adjacent markets’ to be interpreted as meaning that enterprises carrying out their activities on the same market as members of a global group of companies held by the same group of proprietors are considered to be ‘linked enterprises’ vis-à-vis one another automatically and regardless of other circumstances, without it being necessary to examine in detail whether they are in fact in one of the relationships referred to in Article 3(3)(a), (b), (c) and (d) or whether they are acting jointly on the same market;
2.If not, must that subparagraph be interpreted as meaning that enterprises carrying out their activities on the same market as members of a group of companies held by the same group of proprietors are considered to be ‘linked enterprises’ vis-à-vis one another only where they are in one of the relationships referred to in Article 3(3)(a), (b), (c) and (d)?
Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (Text with EEA relevance); OJ 2008 L 214, p. 3.