CASE COMMENTS: STATE AIDS – COURT OF JUSTICE – SELECTIVITY – FORMAL INVESTIGATION PROCEDURE

Airport charges: The Court of Justice of the European Union confirms a General Court of the European Union’s judgment annulling a European Commission’s decision for manifest error of appraisal of the selectivity condition (Hansestadt Lübeck)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. As previously commented (Concurrences No. 4-2014, pp. 198-199), this case is quite specific in two respects: firstly, it concerns the annulment, which is quite rare, by the Court of First Instance of a decision to initiate the formal investigation procedure and, secondly, this annulment is based on an error of assessment of the selectivity condition whereas the Commission decision had paid little attention to it (Trib., 9 September 2014, Hansestadt Lübeck v Commission, Case T-461/12). The Court rejects the Commission's appeal, which sought to defend its position challenging the arrangements for airport charges at Lübeck airport (the city of Lübeck coming

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  • Sheppard, Mullin, Richter & Hampton (Brussels)

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Jacques Derenne, Airport charges: The Court of Justice of the European Union confirms a General Court of the European Union’s judgment annulling a European Commission’s decision for manifest error of appraisal of the selectivity condition (Hansestadt Lübeck), 21 December 2016, Concurrences N° 1-2017, Art. N° 83427, pp. 165-166

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