Judgment of the General Court (Eighth Chamber) of 26 October 2022 –
Siremar v Commission
(Case T‑668/21) ( 1 )
(State aid – Maritime transport – Rescue aid – Decision declaring the aid unlawful – Decision declaring the aid in part compatible and in part incompatible with the internal market and ordering its recovery – Service of general economic interest – Obligation to submit a restructuring or liquidation plan – Six-month time limit – Extension – Tax exemption – Advantage – Effect on trade between Member States – Adverse effect on competition – Length of proceedings – Legitimate expectations – Legal certainty – Principle of sound administration)
1. |
State aid – Prohibition – Exceptions – Aid capable of being regarded as compatible with the internal market – Aid for rescuing an undertaking in difficulty – Guidelines on State aid for rescuing and restructuring undertakings in difficulty – Conditions for the grant of rescue aid – Obligation to submit a restructuring or liquidation plan within six months of the approval of the aid (Commission Notice 2004/C 244/02, points 15, 25 and 26) (see paragraphs 30-38, 42, 43) |
2. |
State aid – Prohibition – Exceptions – Discretion of the Commission – Adoption by the Commission of guidelines governing the compatibility of aid with the internal market – Consequences – Self-limitation of its discretion – Obligation to comply with the principles of equal treatment and protection of legitimate expectations (Commission Notice 2004/C 244/02) (see paragraphs 39, 40) |
3. |
State aid – Concept – Grant of an advantage to the beneficiaries – Burden of proving an advantage on the Commission – Relevant date for the purpose of determining whether there is an advantage – Date of the legally binding measure requiring the competent national authority to grant the aid – Aid which can materialise only upon the occurrence of future and uncertain events – Irrelevant (Art. 107(1) TFEU) (see paragraphs 55-61) |
4. |
State aid – Commission decision finding aid incompatible with the internal market and ordering its recovery – Whether possible for the Commission to leave to national authorities the task of calculating the exact amount to be recovered – Obligation for the Commission to provide a calculation method – Obligation for national authorities to take into account all relevant elements brought to their knowledge, including exchanges between those authorities and the Commission (Art. 108(2) TFEU) (see paragraphs 62, 64-68) |
5. |
State aid – Decision of the Commission finding aid incompatible with the internal market and ordering its recovery – Difficulties in implementation – Duty of the Commission and of the Member State to collaborate in seeking a solution compatible with the Treaty (Art. 4(3) TEU; Art. 108(2) TFEU) (see paragraph 63) |
6. |
State aid – Effect on trade between Member States – Adverse effect on competition – Criteria for assessment – Aid which may affect that trade and distort competition – Concept (Art. 107(1) TFEU) (see paragraphs 71-75) |
7. |
State aid – Effect on trade between Member States – Adverse effect on competition – Criteria for assessment – Aid enabling an undertaking in difficulty to remain on the market – Aid which may distort the conditions for competition (Art. 107(1) TFEU) (see paragraphs 76-78) |
8. |
State aid – Recovery of unlawful aid – Obligation – Recipients in difficulty or bankrupt – Irrelevant (Art. 108(2) TFEU) (see paragraph 80) |
9. |
State aid – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 108 TFEU – Legitimate expectations entertained by the recipients – None save in exceptional circumstances – Legitimate expectations arising from the excessive length of the administrative procedure – Obligation for the Commission to give a decision within a reasonable time – Assessment of actual situation (Art. 108 TFEU; Council Regulation 2015/1589, Arts 15(2) and 16(1) and (2)) (see paragraphs 89-118, 123-128) |
10. |
State aid – Concept – Assessment under Article 107(1) TFEU only – Taking into account previous practice – Precluded (Art. 107(1) TFEU) (see paragraphs 121, 122, 134) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Sicilia Regionale Marittima SpA – Siremar to pay the costs. |
( 1 ) OJ C 2, 3.1.2022.