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


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:


Dismisses the appeal;


Orders Autostrada Wielkopolska S.A. to bear its own costs and to pay those incurred by the European Commission;


Orders the Republic of Poland to bear its own costs.

(1)  OJ C 87, 16.3.2020.