Order of the Court (Tenth Chamber) of 25 June 2019 — Fred Olsen v Naviera Armas
(Case C‑319/18 P) ( 1 )
(Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Exclusive right of use of the port infrastructure at Puerto de Las Nieves (Spain) granted to a shipping company — Decision finding no State aid at the end of the preliminary investigation procedure — Advantage granted by means of State resources — Test of a private investor acting in a market economy)
State aid — Concept — Assessment according to the private investor test — Grant of exclusive access to port infrastructure managed by a public authority — Criteria for assessment
(Art. 107(1) TFEU)
(see paras 39-44)
Operative part
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1. |
The appeal is dismissed as being manifestly unfounded. |
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2. |
Fred Olsen SA is ordered to bear its own costs incurred in the appeal proceedings and to pay those incurred by Naviera Armas SA. |
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3. |
The European Commission shall bear its own costs. |
( 1 ) OJ C 12, 13.1.1997.