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Case T-488/11: Judgment of the General Court of 12 June 2014 — Sarc v Commission (State aid — Software licence agreement — Decision finding no State aid — Actions for annulment — Competitive position not substantially affected — Inadmissibility — Procedural rights of the interested parties — Admissibility — Failure to initiate formal investigation procedure — No serious difficulties — Advantage)
ECLI:EU:UNKNOWN:62011TA0488
62011TA0488
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28.7.2014
Official Journal of the European Union
C 245/9
(Case T-488/11)(1)
((State aid - Software licence agreement - Decision finding no State aid - Actions for annulment - Competitive position not substantially affected - Inadmissibility - Procedural rights of the interested parties - Admissibility - Failure to initiate formal investigation procedure - No serious difficulties - Advantage))
2014/C 245/11
Language of the case: English
Applicant: Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV (Bussum, Netherlands) (represented by: H. Speyart and R. Bolhaar, lawyers)
Defendant: European Commission (represented by: H. van Vliet, K. Talabér-Ritz and S. Noë, acting as Agents)
Interveners in support of the defendant: Kingdom of the Netherlands (represented initially by C. Wissels, M. Noort and B. Koopman, and subsequently by C. Wissels, M. Noort, J. Langer and M. Bulterman, acting as Agents); and Technische Universiteit Delft (Delft, Netherlands) (represented by: R. van den Tweel and P. Huurnink, lawyers).
Re:
Application for the annulment of Commission Decision C(2011) 642 final of 10 May 2011 relating to the State Aid Proceedings NN 68/2010 — Netherlands, declaring after the preliminary examination stage that the licence agreement for the use of a software source code concluded between Technische Universiteit Delft and Delftship BV does not constitute State aid
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV to bear its own costs and pay those incurred by the European Commission and by the Technische Universiteit Delft;
3.Orders the Kingdom of the Netherlands to bear its own costs.
(1) OJ C 331, 12.11.2011.