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Case T-674/17: Judgment of the General Court of 20 September 2019 — Port de Bruxelles and Région de Bruxelles-Capitale v Commission (State aid — Corporate tax exemption scheme implemented by Belgium in favour of its ports — Decision declaring the aid scheme incompatible with the internal market — Concept of economic activity — Services of general economic interest — Non-economic activities — Severability — Selectivity — Article 93 TFEU and Article 106(2) TFEU)

ECLI:EU:UNKNOWN:62017TA0674

62017TA0674

September 20, 2019
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Official Journal of the European Union

C 406/25

(Case T-674/17) (*)

(State aid - Corporate tax exemption scheme implemented by Belgium in favour of its ports - Decision declaring the aid scheme incompatible with the internal market - Concept of economic activity - Services of general economic interest - Non-economic activities - Severability - Selectivity - Article 93 TFEU and Article 106(2) TFEU)

(2019/C 406/33)

Language of the case: French

Parties

Applicants: Port de Bruxelles (Brussels, Belgium), Région de Bruxelles-Capitale (Belgium) (represented by: J. Vanden Eynde and E. Wauters, lawyers)

Defendant: European Commission (represented by: B. Stromsky and S. Noë, (acting as Agents)

Intervener in support of the applicants: Kingdom of Belgium (represented by: J.-C. Halleux, P. Cottin, L. Van den Broeck and C. Pochet, acting as Agents, and by A. Lepièce and H. Baeyens, lawyers

Re:

Application under Article 263 TFEU for annulment of Commission Decision (EU) 2017/2115 of 27 July 2017 on aid scheme SA.38393 (2016/C, ex 2015/E) implemented by Belgium — Taxation of ports in Belgium (OJ 2017 L 332, p.1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Port de Bruxelles and Région de Bruxelles-Capitale to pay, in addition to their own costs, the costs incurred by the European Commission;

3.Orders the Kingdom of Belgium to bear its own costs.

(*)

Language of the case: French.

* * *

(1) OJ C 382, 13.11.2017.

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