This document is an excerpt from the EUR-Lex website
Document 62015TJ0057
Judgment of the General Court (Seventh Chamber) of 14 September 2016.
Trajektna luka Split d.d. v European Commission.
State aid — Port services — Alleged aid to the public ferry operator of Jadrolinija — Setting of fees by the Croatian authorities for port services in the Port of Split in respect of domestic traffic at an allegedly lower level than that of the fees applied in other Croatian ports and those applied for international traffic — Private operator holding an allegedly exclusive concession for the operation of the passenger terminal at the Port of Split — Decision finding no State aid — Definition of aid — State resources.
Case T-57/15.
Judgment of the General Court (Seventh Chamber) of 14 September 2016.
Trajektna luka Split d.d. v European Commission.
State aid — Port services — Alleged aid to the public ferry operator of Jadrolinija — Setting of fees by the Croatian authorities for port services in the Port of Split in respect of domestic traffic at an allegedly lower level than that of the fees applied in other Croatian ports and those applied for international traffic — Private operator holding an allegedly exclusive concession for the operation of the passenger terminal at the Port of Split — Decision finding no State aid — Definition of aid — State resources.
Case T-57/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Seventh Chamber) of 14 September 2016 —
Trajektna luka Split v Commission
(Case T‑57/15)
‛State aid — Port services — Alleged aid to the public ferry operator of Jadrolinija — Setting of fees by the Croatian authorities for port services in the Port of Split in respect of domestic traffic at an allegedly lower level than that of the fees applied in other Croatian ports and those applied for international traffic — Private operator holding an allegedly exclusive concession for the operation of the passenger terminal at the Port of Split — Decision finding no State aid — Definition of aid — State resources’
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State aid — Concept — Aid from State resources — Public authorities fixing tariffs for certain port services provided by a private operator holding a concession — Tariffs paid directly by users of the port services — Sums transferred directly and exclusively between private companies — Exclusion (Art. 107(1) TFEU) (see paras 23-30, 34, 36, 49, 50) |
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State aid — Concept — Assessment having regard to Article 107(1) TFEU — Taking into account previous practice — Exclusion (Art. 107(1) TFEU) (see para. 40) |
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State aid — Examination by the Commission — Preliminary review and main review — Compatibility of aid with the internal market — Difficulties of assessment — Commission’s duty to initiate the main review procedure — Serious difficulties — Concept — Objective nature — Burden of proof — No circumstances enabling the existence of such difficulties to be determined (Arts 107(1) TFEU, and 108(2) and (3) TFEU; Regulation No 659/1999, Arts 4(4), and 13(1)) (see paras 59-70, 73, 74) |
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State aid — Examination of complaints — Obligations of the Commission — Statement of reasons — Scope (Arts 108(2) and (3) TFEU, and 296 TFEU) (see paras 76, 79, 80, 82) |
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Actions for annulment — Grounds — Lack of or inadequate statement of reasons — Distinct from pleas and arguments challenging the foundation of a decision (Arts 263 TFEU and 296 TFEU) (see paras 77, 81) |
Re:
APPLICATION pursuant to Article 263 TFEU for the annulment of Commission Decision C(2013) 7285 final of 15 October 2014 on State Aid SA.37265 (2014/NN) — Croatia — Alleged aid to Jadrolinija.
Operative part
The Court:
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Dismisses the action; |
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Orders Trajektna luka Split d.d. to pay the costs. |