CASE COMMENTS: STATE AIDS – EUROPEAN CASELAW – CLASSIFICATION DECISION – CONFIRMATORY DECISION – NO OBJECTION DECISION

Classification decision: The Court of Justice of the European Union rules that a dispute concerning a decision not to take further action still has purpose, although the European Commission took later a no aid decision (DEI)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This important judgment of the Court of Justice gives Athinaiki Techniki case-law (judgment of 16 Dec. 2010, Athinaiki Techniki, Case C-362/09 P) a particularly strict interpretation, which limits the possibilities of withdrawal of a complaint closure by the Commission, when the Commission replaces its closure letter with a decision not to raise objections. The Court of Justice sets aside the order of the Court of First Instance of 9 February 2016 (Case T-639/14), by which the Court of First Instance dismissed an action for annulment brought against a letter rejecting a complaint. The Court also disagrees with the conclusions of Advocate General Wathelet,

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Classification decision: The Court of Justice of the European Union rules that a dispute concerning a decision not to take further action still has purpose, although the European Commission took later a no aid decision (DEI), 31 May 2017, Concurrences N° 3-2017, Art. N° 84553, pp. 116-117

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