This document is an excerpt from the EUR-Lex website
Document 62015TJ0209
Judgment of the General Court (Sixth Chamber) of 21 December 2021.
Gmina Kosakowo v European Commission.
State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Obligation to state reasons.
Case T-209/15.
Judgment of the General Court (Sixth Chamber) of 21 December 2021.
Gmina Kosakowo v European Commission.
State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Obligation to state reasons.
Case T-209/15.
ECLI identifier: ECLI:EU:T:2021:926
Judgment of the General Court (Sixth Chamber) of 21 December 2021 –
Gmina Kosakowo v Commission
(Case T‑209/15)
(State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Obligation to state reasons)
1. |
State aid – Concept – Assessment according to the criterion of the private investor – Complex evaluation of economic matters – Discretion of the Commission – Judicial review – Limits (Art. 107(1) TFEU) (see paras 49-53) |
2. |
State aid – Concept – Assessment according to the criterion of the private investor – Assessment to be based on sufficient relevant factors of the disputed transaction – Obligation on the Commission to ask the Member State concerned to provide it with all the relevant information (Art. 107(1) TFEU) (see paras 54, 55) |
3. |
State aid – Concept – Assessment according to the criterion of the private investor – Assessment of all factors relevant to the transaction at issue and its context – Taking into account the benefits and obligations linked to the Member State's position as a private operator, to the exclusion of those linked to its position as a public authority (Art. 107(1) TFEU) (see paras 56-58, 83) |
4. |
State aid – Concept – Aid from State resources – Granting Member State which is the creditor of a public undertaking benefiting from an increase of capital through waiver of a rental claim – Applicability of the private investor test (Art. 107(1) TFEU) (see paras 63-65, 75) |
5. |
State aid – Concept – Consecutive State interventions inseparably linked to each other – Criteria for assessment (Art. 107(1) TFEU) (see paras 67-69) |
6. |
State aid – Concept – Assessment according to the criterion of the private investor – Assessment of all factors relevant to the transaction at issue and its context – Account taken of available information and foreseeable developments at the time the decision on the measure in question was taken – Whether factors arising subsequent to the adoption of the measure at issue are to be taken into account – Not included (Art. 107(1) TFEU) (see paras 87-88, 101) |
7. |
State aid – Effect on trade between Member States – Adverse effect on competition – Criteria for assessment – Scope of the burden of proof on the Commission (Art. 107(1) TFEU) (see para. 123) |
8. |
State aid – Prohibition – Exceptions – Discretion of the Commission – Adoption by the Commission of guidelines governing the compatibility of aid with the internal market – Consequences – Self-limitation of its discretion – Obligation to comply with the principles of equal treatment and protection of legitimate expectations (Art. 107(3)(a) and (c) TFEU; Commission communications 2005/C 312/01 and 2014/C 99/03) (see paras 129-133) |
9. |
State aid – Prohibition – Exceptions – Aid capable of being regarded as compatible with the internal market – Assessment in relation to Article 107(3)(c) TFEU – Taking into account previous practice – Not included – Breach of the principle of equal treatment – Absence (Art. 107(3)(c) TFEU) (see paras 152, 153) |
10. |
Action for annulment – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Arts 263 and 296 TFEU) (see paras 162, 163) |
11. |
State aid – Administrative procedure – Obligations of the Commission – Diligent and impartial examination – Account taken of the most complete and reliable information possible – Scope of the obligation – Principle of sound administration – Infringement – Absence (Art. 108(2) TFEU; Charter of Fundamental Rights of the European Union, Art. 41) (see paras 171, 172, 174-176) |
12. |
State aid – Recovery of unlawful aid – Calculation of the amount to be recovered – Possibility of the Commission leaving to national authorities the task of calculating the precise amount to recover – Breach of the principle of legal certainty – Absence (Art. 108 TFEU; Council Regulation No 659/1999, Art. 14) (see paras 179-187) |
Application for
Application under Article 263 TFEU for annulment of Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) – Poland – Setting up the Gdynia-Kosakowo airport (OJ 2015 L 250, p. 165).
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Gmina Kosakowo, in addition to bearing its own costs, to pay those incurred by the European Commission. |