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Case C-447/22 P: Judgment of the Court (First Chamber) of 5 September 2024 – Republic of Slovenia v Petra Flašker and European Commission (Appeal – State aid – Articles 107 and 108 TFEU – Measures granted by the Republic of Slovenia to a municipal network of dispensing pharmacies before its accession to the European Union – Preliminary examination phase – Failure to initiate the formal investigation procedure – Concept of serious difficulties – Extent of the European Commission’s investigative duty – Burden of proof on the party relying on the existence of serious difficulties – Scope)
ECLI:EU:UNKNOWN:62022CA0447
62022CA0447
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Official Journal of the European Union
C series
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C/2024/6051
21.10.2024
(Case C-447/22 P)
(Appeal - State aid - Articles 107 and 108 TFEU - Measures granted by the Republic of Slovenia to a municipal network of dispensing pharmacies before its accession to the European Union - Preliminary examination phase - Failure to initiate the formal investigation procedure - Concept of ‘serious difficulties’ - Extent of the European Commission’s investigative duty - Burden of proof on the party relying on the existence of ‘serious difficulties’ - Scope)
(C/2024/6051)
Language of the case: English
Parties
Appellant: Republic of Slovenia (represented by: B. Jovin Hrastnik, J. Morela and N. Pintar Gosenca, acting as Agents)
Other parties to the proceedings: Petra Flašker (represented by: K. Zdolšek, odvetnica), European Commission (represented by: M. Farley and C. Georgieva, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the Republic of Slovenia to bear its own costs and to pay those incurred by Ms Petra Flašker;
3.Orders the European Commission to bear its own costs.
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Language of the case: English.
(1)
OJ C 359, 19.9.2022.
ELI: http://data.europa.eu/eli/C/2024/6051/oj
ISSN 1977-091X (electronic edition)
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