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10.1.2022 |
EN |
Official Journal of the European Union |
C 11/3 |
Judgment of the Court (Second Chamber) of 11 November 2021 — Autostrada Wielkopolska S.A. v European Commission, Republic of Poland
(Case C-933/19 P) (1)
(Appeal - State aid - Toll-motorway concession - Law providing for an exemption from tolls for certain vehicles - Compensation granted to the concession holder by the Member State for loss of revenue - Shadow toll - Compensation found by the European Commission to be excessive and to include State aid - Commission decision declaring that aid incompatible with the internal market and ordering its recovery - Procedural rights of the aid beneficiary - Commission’s obligation to exercise particular vigilance - Concept of ‘State aid’ - Advantage - Improvement of the concession holder’s expected financial situation - Criterion of the private operator in a market economy - Distortion of the evidence - Breach of the obligation to state reasons - Misreading of the decision at issue - Substitution of grounds - Reversal of the burden of proof - Breach of the principle of primacy of EU law - Judicial review to be conducted by the General Court - Requirements and limits)
(2022/C 11/04)
Language of the case: English
Parties
Appellant: Autostrada Wielkopolska S.A. (represented by: O. Geiss, Rechtsanwalt, and T. Siakka, dikigoros)
Other parties to the proceedings: European Commission (represented by: L. Armati, K. Herrmann and S. Noë, acting as Agents), Republic of Poland (represented by: B. Majczyna and M. Rzotkiewicz, acting as Agents)
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Autostrada Wielkopolska S.A. to bear its own costs and to pay those incurred by the European Commission; |
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3. |
Orders the Republic of Poland to bear its own costs. |