CASE COMMENTS: STATE AID – EUROPEAN UNION – PROCEDURAL RIGHTS – FORMAL INVESTIGATION PROCEDURE – REOPENING

Formal investigation procedure: The Court of Justice of the European Union accepts that the European Commission did not have to reopen the formal investigation procedure after the adoption of new guidelines and consequently annuls a judgment of the General Court of the European Union (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. At first instance, the Court of First Instance held that the Commission should reopen the formal investigation procedure when new guidelines entailing a change in the legal regime are adopted after the opening (Trib. EU, 17 Nov. 2017, Gmina Miasto Gdynia ('Municipality of Gdynia') and others, case T-263/15, see Concurrences1-2018). It had not focused on the practical effect of the adoption of the new guidelines on the assessment of the compatibility of the aid with the internal market. It did not matter whether or not this change in the rules actually compromised the effectiveness of the contradictory procedure in the case in point; it

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Bruno Stromsky, Formal investigation procedure: The Court of Justice of the European Union accepts that the European Commission did not have to reopen the formal investigation procedure after the adoption of new guidelines and consequently annuls a judgment of the General Court of the European Union (Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo), 11 March 2020, Concurrences N° 2-2020, Art. N° 94496, pp. 144-146

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