This document is an excerpt from the EUR-Lex website
Document 62018TO0186(01)
Order of the General Court (Ninth Chamber) of 25 March 2019.
Abaco Energy, SA and Others v European Commission.
Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by recipients — No interest in bringing proceedings — Inadmissibility.
Case T-186/18.
Order of the General Court (Ninth Chamber) of 25 March 2019.
Abaco Energy, SA and Others v European Commission.
Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by recipients — No interest in bringing proceedings — Inadmissibility.
Case T-186/18.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Ninth Chamber) of 25 March 2019 –
Abaco Energy and Others v Commission
(Case T‑186/18)
(Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by recipients — No interest in bringing proceedings — Inadmissibility)
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1. |
Action for annulment — Jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution — Inadmissibility (Art. 263 TFEU) (see para. 25) |
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2. |
Action for annulment — Natural or legal persons — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time when the action was lodged — Action capable of securing a benefit for the applicant — Burden of proof (Art. 263 TFEU) (see paras 36-38) |
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3. |
Action for annulment — Action by the beneficiary of a State aid directed against a decision of the Commission declaring it compatible with the internal market — Interest in bringing proceedings — Concept (Art. 263 TFEU) (see para. 45) |
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4. |
Action for annulment — Interest in bringing proceedings — Need for an actual and current interest — Assessment at the time when the action was lodged — Action by the beneficiary of a State aid directed against the decision of the Commission declaring it compatible with the internal market — Action not liable to benefit that company — Inadmissibility (Art. 263 TFEU) (see paras 52, 69, 80-84, 98) |
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5. |
Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — Pleas based on matters which have come to light in the course of the procedure — None — Inadmissibility (Rules of Procedure of the General Court, Art. 84(1)) (see paras 90, 91) |
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2017) 7384 final of 10 November 2017 relating to State aid SA.40348 (2015/NN) implemented by the Kingdom of Spain (Support for electricity generation from renewable energy sources, cogeneration and waste).
Operative part
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The action is dismissed. |
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There is no need to rule on the applications to intervene of the Kingdom of Spain or EDP España. |
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3. |
Abaco Energy, SA, and the other applicants whose names are listed in the annex, shall bear their own costs and those incurred by the European Commission, with the exception of the costs relating to the applications to intervene. |
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4. |
Abaco Energy and the other applicants whose names are listed in the annex, the Commission, the Kingdom of Spain and EDP España shall bear their own costs relating to the applications to intervene. |