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Case T-121/15: Judgment of the General Court of 24 September 2019 — Fortischem v Commission (State aid — Chemical industry — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Recovery — Economic continuity — Principle of sound administration — Obligation to state reasons)

ECLI:EU:UNKNOWN:62015TA0121

62015TA0121

September 24, 2019
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16.12.2019

Official Journal of the European Union

C 423/31

(Case T-121/15) (<span class="super note-tag">1</span>)

(State aid - Chemical industry - Decision declaring the aid incompatible with the internal market - Concept of State aid - State resources - Advantage - Recovery - Economic continuity - Principle of sound administration - Obligation to state reasons)

(2019/C 423/38)

Language of the case: English

Parties

Applicant: Fortischem a.s. (Nováky, Slovakia) (represented by: C. Arhold, P. Hodál and M. Staroň, lawyers)

Defendant: European Commission (represented by: L. Armati and G. Conte, acting as Agents)

Intervener in support of the defendant: AlzChem AG (Trostberg, Germany) (represented initially by P. Alexiadis, Solicitor, A. Borsos and I. Georgiopoulos, lawyers, and subsequently by P. Alexiadis, A. Borsos and V. Dolka, lawyers)

Re:

Action under Article 263 TFEU seeking annulment of Articles 1 and 3 to 5 of Commission Decision (EU) 2015/1826 of 15 October 2014 on the State aid SA.33797 — (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ (OJ 2015 L 269, p. 71).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Fortischem a.s. to bear its own costs and to pay those incurred by the European Commission;

3.Orders AlzChem AG to bear its own costs.

(<span class="super">1</span>) OJ C 178, 1.6.2015.

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