CASE COMMENTS: STATE AIDS – EUROPEAN UNION - INSOLVENCY PROCEEDINGS – GOING CONCERN – IMPUTABILITY – DEFECTIVE STATEMENT OF THE REASONS

Defective statement of the reasons: The General Court of the European Union annuls for defective statement of the reasons a decision of the European Commission concluding that the creditors committee’s decision to carry on the beneficiary’s business did not constitute a State aid (AlzChem)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. By judgment of 13 December 2018, the Court of First Instance allowed the action for annulment brought by AlzChem AG (T-284/15) against Commission Decision (EU) 2015/1826 (the 'contested decision'). The contested decision found that the granting of strategic company status to NCHZ had protected it from the normal application of national bankruptcy law and therefore constituted unlawful and incompatible State aid (Article 1 of the contested decision). On the other hand, the Commission concluded that the continued operation of NCHZ after 26 January 2011 did not constitute State aid, since at least two cumulative conditions for the existence of State aid,

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Sheppard, Mullin, Richter & Hampton (Brussels)

Quotation

Jacques Derenne, Dimitris Vallindas, Defective statement of the reasons: The General Court of the European Union annuls for defective statement of the reasons a decision of the European Commission concluding that the creditors committee’s decision to carry on the beneficiary’s business did not constitute a State aid (AlzChem), 13 December 2018, Concurrences N° 1-2019, Art. N° 89305, pp. 155-157

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