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Case T-263/15 RENV: Judgment of the General Court of 21 December 2021 — Gmina Miasto Gdynia and Port Lotniczy Gdynia 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 — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Procedural rights of the interested parties — Rights of the defence — Obligation to state reasons)
ECLI:EU:UNKNOWN:62015TA0263(01)
62015TA0263(01)
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Valentina R., lawyer
28.2.2022
Official Journal of the European Union
C 95/21
(Case T-263/15 RENV) (*)
(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 - Withdrawal of a decision - Failure to re-open the formal investigation procedure - Procedural rights of the interested parties - Rights of the defence - Obligation to state reasons)
(2022/C 95/27)
Language of the case: Polish
Applicants: Gmina Miasto Gdynia (Poland), Port Lotniczy Gdynia Kosakowo sp. z o.o. (Gdynia, Poland) (represented by: T. Koncewicz, M. Le Berre, K. Gruszecka-Spychała and P. Rosiak, lawyers)
Defendant: European Commission (represented by: K. Herrmann, D. Recchia and S. Noë, acting as Agents)
Intervener in support of the applicants: Republic of Poland (represented by: B. Majczyna, M. Rzotkiewicz and S. Żyrek, acting as Agents)
Re:
Action brought under Article 263 TFEU and seeking the annulment of Articles 2 to 5 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 Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. z o.o. to bear their own costs and to pay those incurred by the European Commission before the Court of Justice in Case C-56/18 P and before the General Court in Cases T-263/15 and T-263 RENV;
3.Orders the Republic of Poland to bear its own costs.
(*) Language of the case: Polish.
ECLI:EU:C:2022:140