CASE COMMENTS: STATE AID - ANNULMENT - DISMISSAL

Annulment: The General Court of the European Union considers that there is no longer any need to rule on an action for annulment against a decision authorising an investment plan, if it is not implemented as approved (INC)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The INC judgment is an interesting and rather rare example of a case being dismissed for lack of legal interest on the part of competitors of the beneficiaries because it appears that the Member State's project is no longer likely to be implemented under conditions that comply with those laid down in the notification. The contested decision was a decision not to raise objections to a plan to extend the duration of certain motorway concessions in order to finance additional investments, while limiting toll rates to levels acceptable to users and avoiding the risk of overcompensation of concessionaires. The

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  • European Commission - Legal Service (Brussels)

Quotation

Bruno Stromsky, Annulment: The General Court of the European Union considers that there is no longer any need to rule on an action for annulment against a decision authorising an investment plan, if it is not implemented as approved (INC), 15 September 2021, Concurrences N° 4-2021, Art. N° 103426, pp. 133-134

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