Case C-933/19 PCourt of Justice
Status:
ClosedCase on which the appeal is based:
62017TJ0778![](./../../images/CuriaLogo.png)
DECISION
- Title
- Judgment of the Court (Second Chamber) of 11 November 2021. Autostrada Wielkopolska S.A. v European Commission and Republic
of Poland. Appeal – State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles
– Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Compensation found
by the European Commission to be excessive and to include State aid – Commission decision declaring that aid incompatible
with the internal market and ordering its recovery – Procedural rights of the aid beneficiary – Commission’s obligation to
exercise particular vigilance – Concept of ‘State aid’ – Advantage – Improvement of the concession holder’s expected financial
situation – Criterion of the private operator in a market economy – Distortion of the evidence – Breach of the obligation
to state reasons – Misreading of the decision at issue – Substitution of grounds – Reversal of the burden of proof – Breach
of the principle of primacy of EU law – Judicial review to be conducted by the General Court – Requirements and limits. Case
C-933/19 P.
- ECLI identifier
- ECLI:EU:C:2021:905
- Applicant
- Individual
- Defendant
- European Commission, EU institutions and bodies
- Judge-Rapporteur
- Arabadjiev
- Type of procedure
- Action for annulment,Appeal - unfounded
11/11/2021