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Document 62016CO0232
Order of the Court (Sixth Chamber) of 9 March 2017.
Simet SpA v European Commission.
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market.
Case C-232/16 P.
Order of the Court (Sixth Chamber) of 9 March 2017.
Simet SpA v European Commission.
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market.
Case C-232/16 P.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Sixth Chamber) of 9 March 2017 —
Simet v Commission
(Case C‑232/16 P) ( 1 )
(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market)
1. |
Appeal — Grounds — Grounds which are manifestly inadmissible or manifestly unfounded — Dismissal at any point, by reasoned order, without an oral procedure (Rules of Procedure of the Court of Justice, Art. 181) (see para. 33) |
2. |
Judicial proceedings — Written procedure — Authorisation of a reply restricted to questions of admissibility — No possibility for the parties to submit certain arguments as to the substance (Rules of Procedure of the Court of Justice, Art. 175(2)) (see paras 39-41) |
3. |
Appeal — Grounds — Incorrect assessment of the facts and evidence — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 56-60, 74, 84, 111, 116) |
4. |
Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2)) (see paras 63-65, 98, 102-103, 110, 117) |
5. |
State aid — Examination by the Commission — No observations by the persons concerned — Not relevant to the validity of the Commission decision — Obligation to examine matters not expressly invoked by the Commission’s own motion — No such obligation (Art. 108(2) TFEU) (see para.68) |
6. |
Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Arts 263 TFEU and 296 TFEU) (see paras 80-81) |
7. |
Appeal — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 94-97) |
8. |
Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept — Arguments closely linked to a plea set out in the application initiating proceedings — Not included (Rules of Procedure of the General Court (1991), Art. 48(2)) (see paras 121-124) |
Operative part
1. |
The appeal is dismissed. |
2. |
Simet SpA shall pay the costs. |
( 1 ) OJ C 232, 27.6.2016.