This document is an excerpt from the EUR-Lex website
Document 62021TJ0102
Judgment of the General Court (Sixth Chamber) of 10 May 2023.
Bastion Holding BV and Others v European Commission.
State aid – Measures to support small and medium-sized enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons.
Case T-102/21.
Judgment of the General Court (Sixth Chamber) of 10 May 2023.
Bastion Holding BV and Others v European Commission.
State aid – Measures to support small and medium-sized enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons.
Case T-102/21.
ECLI identifier: ECLI:EU:T:2023:243
Judgment of the General Court (Sixth Chamber) of 10 May 2023 –
Bastion Holding and Others v Commission
(Case T‑102/21) ( 1 )
(State aid – Measures to support small and medium-sized enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons)
1. |
State aid – Prohibition – Exceptions – Aid capable of being regarded as compatible with the internal market – Aid to remedy a serious disturbance in the economy of a Member State – Aid scheme seeking to grant support to undertakings for their fixed costs in the context of the COVID-19 outbreak – Financial support for small and medium-sized enterprises only – Assessment of the compatibility with the internal market – Criteria – Objective of the aid scheme – Proportionality of the aid (Art. 107(3)(b) TFEU) (see paragraphs 26-31, 33-36) |
2. |
Judicial proceedings – Introduction of new pleas during the proceedings – Plea raised for the first time at the reply stage – Inadmissibility (Rules of Procedure of the General Court, Art. 84(2)) (see paragraph 43) |
3. |
State aid – Prohibition – Exceptions – Aid capable of being regarded as compatible with the internal market – Aid to remedy a serious disturbance in the economy of a Member State – Aid scheme seeking to grant support to undertakings for their fixed costs in the context of the COVID-19 outbreak – Financial support entailing a difference in treatment between certain undertakings – Justification – Breach of the principle of equal treatment – None (Art. 107(3)(b) TFEU) (see paragraphs 46-54) |
4. |
State aid – Prohibition – Exceptions – Aid capable of being regarded as compatible with the internal market – Aid to remedy a serious disturbance in the economy of a Member State – Aid measure that does not make good the entirety of the damage caused by the exceptional occurrence – Whether permissible (Art. 107(3)(b) TFEU) (see paragraphs 55, 57) |
5. |
State aid – Commission decision not to raise objections to an aid scheme – Obligation to state reasons – Scope – Consideration of the context and all the legal rules governing the matter (Arts 107(3)(b) and 296 TFEU) (see paragraphs 64-70) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Bastion Holding BV and the other applicant parties whose names are listed in the annex to bear their own costs and to pay those incurred by the European Commission; |
3. |
Orders the Kingdom of the Netherlands to bear its own costs. |
( 1 ) OJ C 182, 10.5.2021.