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Case C-33/14 P: Judgment of the Court (Third Chamber) of 17 September 2015 — Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest v European Commission (Appeal — State aid — Actions for annulment — Article 263 TFEU — Admissibility — Unlawful and incompatible aid — Obligation to recover — European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary — Interest in bringing proceedings — Action for damages and for the recovery of aid before the national courts — Locus standi — Appellant not individually concerned)
ECLI:EU:UNKNOWN:62014CA0033
62014CA0033
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9.11.2015
Official Journal of the European Union
C 371/7
(Case C-33/14 P)(*1)
((Appeal - State aid - Actions for annulment - Article 263 TFEU - Admissibility - Unlawful and incompatible aid - Obligation to recover - European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary - Interest in bringing proceedings - Action for damages and for the recovery of aid before the national courts - Locus standi - Appellant not individually concerned))
(2015/C 371/09)
Language of the case: French
Parties
Appellants: Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest (represented by: B. Vatier and F. Loubières, avocats)
Other party to the proceedings: European Commission (represented by: T. Maxian Rusche and B. Stromsky, acting as Agents)
Operative part of the judgment
The Court:
1)Sets aside the Order of the General Court of the European Union in Mory and Others v Commission (T-545/12, EU:T:2013:607);
2)Dismisses as inadmissible the action for annulment brought by Mory SA, Mory Team and Superga Invest against Decision C(2012) 2401 final of the Commission of 4 April 2012 concerning the takeover of assets of the Sernam group as part of its composition with creditors;
3)Orders Mory SA, Mory Team, Superga Invest and the European Commission to bear their own costs relating both to the proceedings at first instance and to the appeal.
(*1) OJ C 102, 7.4.2014.