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Document 62019TA0565
Case T-565/19: Judgment of the General Court of 15 December 2021 — Oltchim v Commission (State aid — Measures taken by Romania to support a petrochemical company — Non-enforcement, accumulation and cancellation of public claims — Action for annulment — Period within which proceedings must be brought — Point from which time starts to run — Article 24(1) of Regulation (EU) 2015/1589 — Interest in bringing proceedings — Existence of one or more measures — State resources — Imputability to the State — Applicability of the private creditor test — Application of the private creditor test — Obligation to state reasons)
Case T-565/19: Judgment of the General Court of 15 December 2021 — Oltchim v Commission (State aid — Measures taken by Romania to support a petrochemical company — Non-enforcement, accumulation and cancellation of public claims — Action for annulment — Period within which proceedings must be brought — Point from which time starts to run — Article 24(1) of Regulation (EU) 2015/1589 — Interest in bringing proceedings — Existence of one or more measures — State resources — Imputability to the State — Applicability of the private creditor test — Application of the private creditor test — Obligation to state reasons)
Case T-565/19: Judgment of the General Court of 15 December 2021 — Oltchim v Commission (State aid — Measures taken by Romania to support a petrochemical company — Non-enforcement, accumulation and cancellation of public claims — Action for annulment — Period within which proceedings must be brought — Point from which time starts to run — Article 24(1) of Regulation (EU) 2015/1589 — Interest in bringing proceedings — Existence of one or more measures — State resources — Imputability to the State — Applicability of the private creditor test — Application of the private creditor test — Obligation to state reasons)
OJ C 84, 21.2.2022, p. 35–35
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 84, 21.2.2022, p. 13–13
(GA)
- Date of document:
- 15/12/2021
- Date lodged:
- 14/08/2019
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- English
- Type of procedure:
- Action for annulment - unfounded, Action for annulment - successful
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Related EU case-law document 62019TJ0565
- Instruments cited in case law:
- Link
|
21.2.2022 |
EN |
Official Journal of the European Union |
C 84/35 |
Judgment of the General Court of 15 December 2021 — Oltchim v Commission
(Case T-565/19) (1)
(State aid - Measures taken by Romania to support a petrochemical company - Non-enforcement, accumulation and cancellation of public claims - Action for annulment - Period within which proceedings must be brought - Point from which time starts to run - Article 24(1) of Regulation (EU) 2015/1589 - Interest in bringing proceedings - Existence of one or more measures - State resources - Imputability to the State - Applicability of the private creditor test - Application of the private creditor test - Obligation to state reasons)
(2022/C 84/48)
Language of the case: English
Parties
Applicant: Oltchim SA (Râmnicu Vâlcea, Romania) (represented by: C. Arhold, L.-A. Bondoc, S.-E. Petrisor and K. Struckmann, lawyers)
Defendant: European Commission (represented by: V. Bottka and F. Tomat, acting as Agents)
Re:
Application under Article 263 TFEU for partial annulment of Commission Decision (EU) 2019/1144 of 17 December 2018 on State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim (OJ 2019 L 181, p. 13).
Operative part of the judgment
The Court:
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1. |
Annuls Article 1(a) and (c) of Commission Decision (EU) 2019/1144 of 17 December 2018 on State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim SA; |
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2. |
Annuls Articles 3 to 6 and Article 7(2) of Decision 2019/1144 in so far as they concern the measures referred to in Article 1(a) and (c) of that decision; |
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3. |
Dismisses the action as to the remainder; |
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4. |
Orders Oltchim to bear one quarter of its own costs; |
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5. |
Orders the European Commission to pay three quarters of the costs incurred by Oltchim and to bear its own costs. |
