Official Journal of the European Union

C 423/31

Judgment of the General Court of 24 September 2019 — Fortischem v Commission

(Case T-121/15) (1)

(State aid - Chemical industry - Decision declaring the aid incompatible with the internal market - Concept of State aid - State resources - Advantage - Recovery - Economic continuity - Principle of sound administration - Obligation to state reasons)

(2019/C 423/38)

Language of the case: English


Applicant: Fortischem a.s. (Nováky, Slovakia) (represented by: C. Arhold, P. Hodál and M. Staroň, lawyers)

Defendant: European Commission (represented by: L. Armati and G. Conte, acting as Agents)

Intervener in support of the defendant: AlzChem AG (Trostberg, Germany) (represented initially by P. Alexiadis, Solicitor, A. Borsos and I. Georgiopoulos, lawyers, and subsequently by P. Alexiadis, A. Borsos and V. Dolka, lawyers)


Action under Article 263 TFEU seeking annulment of Articles 1 and 3 to 5 of Commission Decision (EU) 2015/1826 of 15 October 2014 on the State aid SA.33797 — (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ (OJ 2015 L 269, p. 71).

Operative part of the judgment

The Court:


Dismisses the action;


Orders Fortischem a.s. to bear its own costs and to pay those incurred by the European Commission;


Orders AlzChem AG to bear its own costs.

(1)  OJ C 178, 1.6.2015.