This document is an excerpt from the EUR-Lex website
Document 62016CA0150
Case C-150/16: Judgment of the Court (Fifth Chamber) of 18 May 2017 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Fondul Proprietatea SA v Complexul Energetic Oltenia SA (Reference for a preliminary ruling — State aid — Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder — Transfer in lieu of payment — Definition of ‘State aid’ — Obligation to notify the European Commission)
Case C-150/16: Judgment of the Court (Fifth Chamber) of 18 May 2017 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Fondul Proprietatea SA v Complexul Energetic Oltenia SA (Reference for a preliminary ruling — State aid — Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder — Transfer in lieu of payment — Definition of ‘State aid’ — Obligation to notify the European Commission)
Case C-150/16: Judgment of the Court (Fifth Chamber) of 18 May 2017 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Fondul Proprietatea SA v Complexul Energetic Oltenia SA (Reference for a preliminary ruling — State aid — Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder — Transfer in lieu of payment — Definition of ‘State aid’ — Obligation to notify the European Commission)
IO C 239, 24.7.2017, p. 14–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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24.7.2017 |
EN |
Official Journal of the European Union |
C 239/14 |
Judgment of the Court (Fifth Chamber) of 18 May 2017 (request for a preliminary ruling from the Curtea de Apel Craiova — Romania) — Fondul Proprietatea SA v Complexul Energetic Oltenia SA
(Case C-150/16) (1)
((Reference for a preliminary ruling - State aid - Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder - Transfer in lieu of payment - Definition of ‘State aid’ - Obligation to notify the European Commission))
(2017/C 239/18)
Language of the case: Romanian
Referring court
Curtea de Apel Craiova
Parties to the main proceedings
Applicant: Fondul Proprietatea SA
Defendant: Complexul Energetic Oltenia SA
Operative part of the judgment
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1. |
In circumstances such as those in the main proceedings, the decision of a company of which a Member State is the main shareholder to accept, in order to extinguish a debt, a transfer in lieu of payment of an asset which is the property of another company of which that Member State is the only shareholder and to pay a sum corresponding to the difference between the estimated value of that asset and the amount of that debt is liable to constitute State aid within the meaning of Article 107 TFEU if:
It is for the referring court to ascertain whether those conditions are met. |
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2. |
If a national court classifies as State aid the decision of a company of which a Member State is the majority shareholder to accept a transfer in lieu of payment of an asset owned by another company of which that Member State is the sole shareholder, in order to extinguish a debt, and to refund a sum corresponding to the difference between the estimated value of that asset and the amount of the debt, the authorities of that Member State are required to notify that aid to the Commission before it is put into effect, in accordance with Article 108(3) TFEU. |