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Document E2022J0010
JUDGMENT OF THE COURT of 21 March 2024 in Case E-10/22 – Eviny AS v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Admissibility – Time limit – Recovery – Market economy operator principle – Private acquirer test – Private debtor test – Manifest error of assessment – Reliability of evidence – Burden of proof – Standard of proof – Negative presumption – Information from undertakings)
JUDGMENT OF THE COURT of 21 March 2024 in Case E-10/22 – Eviny AS v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Admissibility – Time limit – Recovery – Market economy operator principle – Private acquirer test – Private debtor test – Manifest error of assessment – Reliability of evidence – Burden of proof – Standard of proof – Negative presumption – Information from undertakings)
JUDGMENT OF THE COURT of 21 March 2024 in Case E-10/22 – Eviny AS v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Admissibility – Time limit – Recovery – Market economy operator principle – Private acquirer test – Private debtor test – Manifest error of assessment – Reliability of evidence – Burden of proof – Standard of proof – Negative presumption – Information from undertakings)
OJ C, C/2024/4616, 18.7.2024, ELI: http://data.europa.eu/eli/C/2024/4616/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Official Journal |
EN C series |
C/2024/4616 |
18.7.2024 |
JUDGMENT OF THE COURT
of 21 March 2024
in Case E-10/22
Eviny AS v EFTA Surveillance Authority
(Action for annulment of a decision of the EFTA Surveillance Authority – State aid – Admissibility – Time limit – Recovery – Market economy operator principle – Private acquirer test – Private debtor test – Manifest error of assessment – Reliability of evidence – Burden of proof – Standard of proof – Negative presumption – Information from undertakings)
(C/2024/4616)
In Case E-10/22, Eviny AS v EFTA Surveillance Authority – APPLICATION seeking the annulment of EFTA Surveillance Authority Decision No 161/22/COL of 6 July 2022 on aid in relation to the streetlight infrastructure in Bergen (Norway), the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Bernd Hammermann, and Michael Reiertsen, Judges, gave judgment on 21 March 2024, the operative part of which is as follows:
The Court hereby:
1. |
Annuls ESA Decision No 161/22/COL of 6 July 2022 on aid in relation to the streetlight infrastructure in Bergen (Norway). |
2. |
Orders ESA to bear its own costs and to pay the costs incurred by the applicant. |
ELI: http://data.europa.eu/eli/C/2024/4616/oj
ISSN 1977-091X (electronic edition)