Official Journal of the European Union

C 295/21

(Case T-578/17) (*)

(State aid - Operating aid - Youth hostel in Berlin - Rent-free use of a publicly owned property - Decision declaring the potential aid compatible with the internal market - Article 107(3)(c) TFEU - Serious difficulties)

(2019/C 295/27)

Language of the case: German

Parties

Applicant: a&o hostel and hotel Berlin GmbH, successor in title to A & O Hotel and Hostel Friedrichshain GmbH (Berlin, Germany) (represented by: S. Heise and M. Lindner, lawyers)

Defendant: European Commission (represented by: K. Blanck, A Bouchagiar and T. Maxian Rusche, acting as Agents)

Intervener in support of the defendant: Federal Republic of Germany (represented initially by T. Henze and R. Kanitz, acting as Agents, and subsequently by R. Kanitz, acting as Agent, and K. Dingemann, lawyer)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Decision C(2017) 3220 final of 29 May 2017 on State aid SA.43145 (2016/FC) — Germany, concerning the allegedly unlawful non-fiscal State aid granted to Jugendherberge Berlin Ostkreuz gGmbH, a summary of which was published in the Official Journal of the European Union (OJ 2017 C 193, p. 1).

Operative part of the judgment

The Court:

1.Annuls Commission Decision C(2017) 3220 final of 29 May 2017 on State aid SA.43145 (2016/FC) — Germany, concerning the allegedly unlawful non-fiscal State aid granted to Jugendherberge Berlin Ostkreuz gGmbH;

2.Orders the European Commission to bear its own costs and to pay those incurred by a&o hostel and hotel Berlin GmbH;

3.Orders the Federal Republic of Germany to bear its own costs.

*

(*) Language of the case: German.