9.11.2015   

EN

Official Journal of the European Union

C 371/7


Judgment of the Court (Third Chamber) of 17 September 2015 — Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest v European Commission

(Case C-33/14 P) (1)

((Appeal - State aid - Actions for annulment - Article 263 TFEU - Admissibility - Unlawful and incompatible aid - Obligation to recover - European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary - Interest in bringing proceedings - Action for damages and for the recovery of aid before the national courts - Locus standi - Appellant not individually concerned))

(2015/C 371/09)

Language of the case: French

Parties

Appellants: Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest (represented by: B. Vatier and F. Loubières, avocats)

Other party to the proceedings: European Commission (represented by: T. Maxian Rusche and B. Stromsky, acting as Agents)

Operative part of the judgment

The Court:

1)

Sets aside the Order of the General Court of the European Union in Mory and Others v Commission (T-545/12, EU:T:2013:607);

2)

Dismisses as inadmissible the action for annulment brought by Mory SA, Mory Team and Superga Invest against Decision C(2012) 2401 final of the Commission of 4 April 2012 concerning the takeover of assets of the Sernam group as part of its composition with creditors;

3)

Orders Mory SA, Mory Team, Superga Invest and the European Commission to bear their own costs relating both to the proceedings at first instance and to the appeal.


(1)  OJ C 102, 7.4.2014.