This document is an excerpt from the EUR-Lex website
Document 62015TA0263
Case T-263/15: Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of interested parties — Infringement of essential procedural requirements)
Case T-263/15: Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of interested parties — Infringement of essential procedural requirements)
Case T-263/15: Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of interested parties — Infringement of essential procedural requirements)
OJ C 5, 8.1.2018, p. 30–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
8.1.2018 |
EN |
Official Journal of the European Union |
C 5/30 |
Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
(Case T-263/15) (1)
((State aid - Airport infrastructure - Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport - Decision declaring the aid incompatible with the internal market and ordering its recovery - Withdrawal of a decision - Failure to re-open the formal investigation procedure - Change in the legal regime - Procedural rights of interested parties - Infringement of essential procedural requirements))
(2018/C 005/39)
Language of the case: Polish
Parties
Applicants: Gmina Miasto Gdynia (Gdynia, Poland) (represented by: T. Koncewicz, K. Gruszecka-Spychała and M. Le Berre, lawyers), Port Lotniczy Gdynia Kosakowo sp. z o.o., (Gdynia) (represented by P. K. Rosiak, lawyer)
Defendant: European Commission (represented by: K. Herrmann and S. Noë, Agents)
Intervener in support of the applicant: Republic of Poland (represented by B. Majczyna, M. Rzotkiewicz and E. Gromnicka, Agents)
Re:
Action brought under Article 263 TFEU and seeking the annulment of Articles 2 to 5 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 of the judgment
The Court:
|
1. |
Annuls Articles 2 to 5 of Commission Decision (EU) 2015/1586 of 26 February 2015 on the measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport; |
|
2. |
Orders the European Commission to bear its own costs and those incurred by Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. zo.o. |
|
3. |
Orders the Republic of Poland to bear its own costs. |