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Case T-392/20: Judgment of the General Court of 27 April 2022 — Flašker v Commission (State aid — Measures granted by Slovenia to a municipal network of dispensing pharmacies — Preliminary examination phase — Decision of the Commission finding no State aid and, possibly, that there is existing aid — Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU — Serious difficulties)

ECLI:EU:UNKNOWN:62020TA0392

62020TA0392

April 27, 2022
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Official Journal of the European Union

C 237/47

(Case T-392/20) (*)

(State aid - Measures granted by Slovenia to a municipal network of dispensing pharmacies - Preliminary examination phase - Decision of the Commission finding no State aid and, possibly, that there is existing aid - Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU - Serious difficulties)

(2022/C 237/58)

Language of the case: English

Parties

Applicant: Petra Flašker (Grosuplje, Slovenia) (represented by: K. Zdolšek, lawyer)

Defendant: European Commission (represented by: P. Arenas and C. Georgieva, acting as Agents)

Intervener in support of the defendant: Republic of Slovenia (represented by: B. Jovin Hrastnik, acting as Agent)

Re:

By her action based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 1724 final of 24 March 2020 closing the examination of measures concerning the public pharmacy Lekarna Ljubljana in the light of the State aid rules in Articles 107 and 108 TFEU (Case SA.43546 (2016/FC) — Slovenia).

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2020) 1724 final of 24 March 2020 closing the examination of measures concerning the public pharmacy Lekarna Ljubljana in the light of the State aid rules in Articles 107 and 108 TFEU (Case SA.43546 (2016/FC) — Slovenia) in so far as it concerns the assets under management of Lekarna Ljubljana;

2.Orders the European Commission to bear its own costs and to pay those of Petra Flašker;

3.Orders the Republic of Slovenia to bear its own costs.

*

Language of the case: English.

(*)

(1) OJ C 297, 7.9.2020.

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