This document is an excerpt from the EUR-Lex website
Document 62015TJ0138
Judgment of the General Court (Seventh Chamber) of 28 September 2017.
Aanbestedingskalender BV and Others v European Commission.
State aid — Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision finding no State aid — Non-economic services of general interest.
Case T-138/15.
Judgment of the General Court (Seventh Chamber) of 28 September 2017.
Aanbestedingskalender BV and Others v European Commission.
State aid — Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision finding no State aid — Non-economic services of general interest.
Case T-138/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Seventh Chamber) of 28 September 2017 — Aanbestedingskalender and Others v Commission
(Case T‑138/15)
(State aid — Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision finding no State aid — Non-economic services of general interest)
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1. |
State aid—Concept—Criteria for assessment—Cumulative conditions (Art. 107(1) TFEU) (see para 30) |
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2. |
Competition—EU rules—Undertaking—Concept—Exercise of an economic activity—Activities connected with the exercise of public power prerogatives—Not included (Art. 107(1) TFEU) (see paras 32-38) |
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Competition—EU rules—Undertaking—Concept—Exercise of an economic activity—E-procurement platform offering a number of functionalities available free-of-charge to contracting entities—Not included—Activities connected with the exercise of public power prerogatives (Art. 107(1) TFEU) (see paras 55-60, 69-71, 73-81, 86, 87, 89-91, 103-108, 116) |
Re:
ACTION pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2014) 9548 final of 18 December 2014 on State aid SA.34646 (2014/NN) (ex 2012/CP) — The Netherlands E-procurement platform TenderNed.
Operative part
The Court:
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Dismisses the action; |
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Orders Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV and Huisinga Beheer BV to pay the costs; |
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Orders the Kingdom of the Netherlands and the Republic of Slovakia to bear their own costs. |