This document is an excerpt from the EUR-Lex website
Document 62016TO0813
Order of the General Court (Sixth Chamber) of 11 April 2018.
ABES - Companhia de Assistência, Bem-Estar e Serviços para seniores, Lda v European Commission.
Action for annulment — State aid — Grants from the Portuguese authorities to an entity providing social services for the elderly — Preliminary examination procedure — Decision finding no State aid — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility.
Case T-813/16.
Order of the General Court (Sixth Chamber) of 11 April 2018.
ABES - Companhia de Assistência, Bem-Estar e Serviços para seniores, Lda v European Commission.
Action for annulment — State aid — Grants from the Portuguese authorities to an entity providing social services for the elderly — Preliminary examination procedure — Decision finding no State aid — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility.
Case T-813/16.
Order of the General Court (Sixth Chamber) of 11 April 2018 –
Abes v Commission
(Case T‑813/16)
(Action for annulment — State aid — Grants from the Portuguese authorities to an entity providing social services for the elderly — Preliminary examination procedure — Decision finding no State aid — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility)
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1. |
Actions for annulment—Natural or legal persons—Measures of direct and individual concern to them—Decision of the Commission finding no State aid—Action of a third party challenging the validity of that decision—Third party not demonstrating that its competitive position on the relevant market substantially affected—Inadmissibility (Arts 108(2) and (3) TFEU and 263, fourth para., TFEU) (see paras 41-45, 48, 49, 51, 55, 56, 58-61) |
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2. |
Actions for annulment—Pleas in law—Interpretation by the court—Limit—Reclassification of the subject-matter of the action (Art. 263 TFEU) (see para. 46) |
Re:
Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2016) 5054 final of 9 August 2016 on State Aid SA.38920 (2014/NN), declaring, after the preliminary examination stage, that the grant awarded to Santa Casa de Misericórdia de Tomar does not constitute State aid within the meaning of Article 107(1) TFEU.
Operative part
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The action is dismissed as inadmissible. |
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2. |
Abes — companhia de assistência, bem-estar e serviços para seniores, Lda is ordered to bear its own costs and to pay those incurred by the European Commission. |
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3. |
The Portuguese Republic is ordered to bear its own costs. |