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Case T-209/15: Judgment of the General Court of 21 December 2021 — Gmina Kosakowo v Commission (State aid — Airport infrastructure — Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Market economy operator principle — Effect on trade between Member States — Adverse effect on competition — Recovery — Obligation to state reasons)
ECLI:EU:UNKNOWN:62015TA0209
62015TA0209
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Valentina R., lawyer
28.2.2022
Official Journal of the European Union
C 95/21
(Case T-209/15) (<span class="oj-super oj-note-tag">1</span>)
(State aid - Airport infrastructure - Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - Market economy operator principle - Effect on trade between Member States - Adverse effect on competition - Recovery - Obligation to state reasons)
(2022/C 95/26)
Language of the case: Polish
Parties
Applicant: Gmina Kosakowo (Poland) (represented by: M. Leśny, lawyer)
Defendant: European Commission (represented by: S. Noë, K. Herrmann and A. Stobiecka-Kuik, acting as Agents)
Re:
Application under Article 263 TFEU for annulment of Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport (OJ 2015 L 250, p. 165).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gmina Kosakowo, in addition to bearing its own costs, to pay those incurred by the European Commission.
(<span class="oj-super">1</span>) OJ C 205, 22.6.2015.