This document is an excerpt from the EUR-Lex website
Document 62020TO0580
Order of the General Court (Ninth Chamber) of 20 January 2021.
KC v European Commission.
Action for damages – State aid – Complaint – Failure to initiate the formal investigation procedure – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law.
Case T-580/20.
Order of the General Court (Ninth Chamber) of 20 January 2021.
KC v European Commission.
Action for damages – State aid – Complaint – Failure to initiate the formal investigation procedure – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law.
Case T-580/20.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2021:14
Order of the General Court (Ninth Chamber) of 20 January 2021 –
KC v Commission
(Case T‑580/20)
(Action for damages – State aid – Complaint – Failure to initiate the formal investigation procedure – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law)
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1. |
Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (see paras 16, 17) |
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2. |
Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Failure of the Commission to initiate the formal investigation procedure – No illegality capable of rendering the EU non-contractually liable (see paras 18-21, 29, 30) |
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3. |
State aid – Examination by the Commission – Preliminary review and main review – Difficulties of assessment – Commission’s duty to initiate the main review procedure – Serious difficulties – Decision not taken within a reasonable time (Art. 108(2) and (3) TFEU) (see paras 23-25) |
Re:
Application based on Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant owing to the Commission’s failure to initiate, in a timely manner, the formal investigation procedure following the applicant’s State aid complaint (SA.46963).
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders KC to pay the costs. |