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Case T-353/15: Judgment of the General Court of 19 June 2019 — NeXovation 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 — 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 — 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 — Diligent and impartial examination — Obligation to state reasons)
ECLI:EU:UNKNOWN:62015TA0353
62015TA0353
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Valentina R., lawyer
26.8.2019
Official Journal of the European Union
C 288/41
(Case T-353/15) (*)
(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 - 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 - 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 - Diligent and impartial examination - Obligation to state reasons)
(2019/C 288/53)
Language of the case: English
Parties
Applicant: NeXovation, Inc. (Hendersonville, United States) (represented initially by A. von Bergwelt, F. Henkel and M. Nordmann, and subsequently by A. von Bergwelt and M. Nordmann, 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 considered together with the substance of the case;
2.Orders that the application for a decision that there is no need to adjudicate on the action be dismissed;
3.Dismisses the action;
4.Orders NeXovation, Inc. to bear its own costs and to pay those incurred by the European Commission.
(*) Language of the case: English.