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Case T-373/15: Judgment of the General Court of 19 June 2019 — Ja zum Nürburgring v Commission (State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Association — Status of negotiator — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of procedural rights of interested parties — No difficulties that would have required the initiation of a formal investigation procedure — Complaint — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Obligation to state reasons — Principle of sound administration)
ECLI:EU:UNKNOWN:62015TA0373
62015TA0373
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26.8.2019
Official Journal of the European Union
C 288/42
(Case T-373/15) (*)
(State aid - Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races - Decision finding the aid to be incompatible with the internal market - Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex - Action for annulment - No substantial effect on competitive position - Association - Status of negotiator - Inadmissibility - Decision finding no State aid after the preliminary examination stage - Action for annulment - Interested party - Legal interest in bringing an action - Admissibility - Breach of procedural rights of interested parties - No difficulties that would have required the initiation of a formal investigation procedure - Complaint - Sale of the assets of the beneficiaries of the State aid found to be incompatible - Open, transparent, non-discriminatory and unconditional tender process - Obligation to state reasons - Principle of sound administration)
(2019/C 288/54)
Language of the case: German
Applicant: Ja zum Nürburgring eV (Nürburg, Germany) (represented initially by D. Frey, M. Rudolph and S. Eggerath, and subsequently by D. Frey and M. Rudolph, lawyers)
Defendant: European Commission (represented by L. Flynn, T. Maxian Rusche and B. Stromsky, Agents)
Re:
Action pursuant to Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2016/151 of 1 October 2014 on the State aid SA.31550 (2012/C) (ex 2012/NN) implemented by Germany for Nürburgring (OJ 2016 L 34, p. 1).
Operative part of the judgment
The Court:
1.Orders that the application for a decision that there is no need to adjudicate on the action be dismissed;
2.Dismisses the action;
3.Orders Ja zum Nürburgring eV to bear its own costs and to pay those incurred by the European Commission.
(*)
Language of the case: German.
* * *
ECLI:EU:C:2019:140
(2019/C 288/54)